Holden v. O'Brien

Headnote

Landlord and tenant — lease of real property with covenant by lessee to make repairs and comply with direction of authorities in abatement of nuisances — when lessee not obliged to pay for alteration of building in removing encroachment on street by order of authorities.

Holden v. O’Brien, 209 App. Div. 266 , affirmed.

Appeal, by permission, from a judgment, entered June 16, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff and directed a dismissal of the complaint. Plaintiff leased premises in the city of New York to defendants, the lease containing provisions that the lessees would make all outside and inside repairs and comply with all orders of authorities “ for the correction, prevention and abatement of nuisances or other grievances ” upon said premises. During the term of the

lease the city authorities directed the removal of the front stoop of the building on the ground that it encroached upon the street. The lessees refusing to do the work the landlord had it done and brought this action to recover, the cost.