Simons v. Manhattan Savings Institution
265 A.D. 1067, 39 N.Y.S.2d 628, 1943 N.Y. App. Div. LEXIS 6944
Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1943·Published
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)