Sternberg v. Burke

Appellate Terms of the Supreme Court of New York

Sternberg v. Burke

84 N.Y.S. 862

Appellate Terms of the Supreme Court of New York·Decided November 18, 1903·Published

Opinion

PER CURIAM.

This is an action to recover damages for injuries to plaintiff’s goods resulting from water coming through from the roof of a building. The plaintiff was tenant of the defendant’s building. The trial court dismissed the complaint at the close of plaintiff’s case. If the action is predicated upon the lease, this defendant cannot be held, for the 'lease provided for written notice to the landlord of any defect, which notice was not given. If the action is predicated upon negligence, no case is made against the defendant.

Judgment must be affirmed, with costs.

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PER CURIAM.

This is an action to recover damages for injuries to plaintiff’s goods resulting from water coming through from the roof of a building. The plaintiff was tenant of the defendant’s building. The trial court dismissed the complaint at the close of plaintiff’s case. If the action is predicated upon the lease, this defendant cannot be held, for the 'lease provided for written notice to the landlord of any defect, which notice was not given. If the action is predicated upon negligence, no case is made against the defendant.

Judgment must be affirmed, with costs.

Sternberg v. Burke, 84 N.Y.S. 862 (N.Y. Ct. App. 1903).

Pincite

84 N.Y.S. 862 (Sternberg v. Burke) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.