Simons v. Manhattan Savings Institution
This text of 265 A.D. 1067 (Simons v. Manhattan Savings Institution) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
265 A.D. 1067, 39 N.Y.S.2d 628, 1943 N.Y. App. Div. LEXIS 6944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-manhattan-savings-institution-nyappdiv-1943.