Simons v. Manhattan Savings Institution

265 A.D. 1067, 39 N.Y.S.2d 628, 1943 N.Y. App. Div. LEXIS 6944

Opinion

The respondent-landlord may not be cast in damages under the proof adduced. The platform was erected by the tenant after it took possession of the premises under the lease. It was erected upon the sidewalk, over which the landlord had no control. Ownership and control were in the city of New York. The fact that the landlord had the right under the lease to re-enter and make repairs does not affect the conclusion. (Tagg v. Senner, 277 N. Y. 692.) Present — Hagarty, Johnston, Adel, Taylor and Lewis, JJ.

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Simons v. Manhattan Savings Institution, 265 A.D. 1067, 39 N.Y.S.2d 628, 1943 N.Y. App. Div. LEXIS 6944 (N.Y. Ct. App. 1943).

265 A.D. 1067 (Simons v. Manhattan Savings Institution) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Tagg v. Senner
14 N.E.2d 628 (New York Court of Appeals, 1938)