Schechter v. Weiss

Appellate Terms of the Supreme Court of New York

Schechter v. Weiss

188 Misc. 487, 68 N.Y.S.2d 507, 1947 N.Y. Misc. LEXIS 2085

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 23, 1947

StatusPublished

This text of 188 Misc. 487 (Schechter v. Weiss) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schechter v. Weiss, 188 Misc. 487, 68 N.Y.S.2d 507, 1947 N.Y. Misc. LEXIS 2085 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs. As a statutory tenant, plaintiff’s rights and obligations are those fixed by the lease. A diminution of service might justify an application to the Office of Price Administration, for a reduction in rent but would not support an action, ex contractu, for repairs made by plaintiff.

[488]*488The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Hammer, Shiehtag and Hecht, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs. As a statutory tenant, plaintiff’s rights and obligations are those fixed by the lease. A diminution of service might justify an application to the Office of Price Administration, for a reduction in rent but would not support an action, ex contractu, for repairs made by plaintiff.

[488]*488The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Hammer, Shiehtag and Hecht, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

188 Misc. 487, 68 N.Y.S.2d 507, 1947 N.Y. Misc. LEXIS 2085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schechter-v-weiss-nyappterm-1947.