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Markham v. Walsh

106 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1907-11-13 English

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p. 1136
MARKHAM, Appellant, v. WALSH, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
November 13, 1907.)

Headnote

Action by Homer C. Markham against John W. Walsh.

Judgment of County Court and Justice Court reversed, with costs in this court and the courts below. Held, that the defense of untenantableness of the premises was entirely unproved, and the jury having been permitted to consider the evidence as to the condition of the premises in question, which evidence was admitted over the plaintiff’s objection ‘ and exception, we are unable to determine that the verdict rendered in favor of the defendant was not influenced or controlled thereby.