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Friedland v. Vogel

105 N.Y.S. 1116 Court N.Y. App. Term Decision date 1907-06-06 English

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p. 1116
FRIEDLAND, v. VOGEL.
(Supreme Court, Appellate Term.
June 6, 1907.)

Headnote

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Koppel Friedland against David Vogel. From a judgment for plaintiff, defendant appeals. Modified and affirmed. H. Schieffelin Sayers, for appellant. Abr. A. Silberberg, for respondent.

Irrespective of the question) of constructive eviction, the clause in the lease relied upon by the defendant constitutes under the authorities a conditional limitation. Kelly v. Varnes, 52 App. Div. 103 , 64 N. Y. Supp. 1040 ; Estelle v. Dinsbeer, 9 Misc. Rep. 488 , 30 N. Y. Supp. 243 . Plaintiff was entitled to recover the rent for the month of October only, and judgment must be modified accordingly. Judgment modified, by reducing the amount of recovery to the sum of $22.50, and, as modified, affirmed, without costs.