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Herrman v. Laemmle

110 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1908-05-15 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, J.

Contents
p. 1131
HERRMAN v. LAEMMLE et al.
(Supreme Court, Appellate Division, First Department.
May 15, 1908.)

Headnote

Appeal from Appellate Term. Action by James S. Herrman against Joseph Laemmle and others. From a judgment of the Appellate Term, reversing a judgment of the City Court of Hew York ( 107 N. Y. Supp. 73 ), setting aside a verdict in favor of plaintiff and dismissing his complaint on the merits, defendant Laemmle appeals. Affirmed, without opinion.
Wm. F. Wund, for appellant.
Richard T. Greene, for respondent.

Determination affirmed, with costs.

I dissent, on the ground that by the lease the covenant was to deliver possession in good order at the termination of the term demised. As the surrender terminated the lease and relieved the lessee from its covenants, and no obligation existed, except under the covenants of the lease, and it arose at its termination, the surrender relieved the lessee from liability under the covenants.