Siegel v. Greenberg — 119 N.Y.S. 1144

Majority

p. 1144

SIEGEL v. GREENBERG.

(Supreme Court, Appellate Division. Second Department.

November 24, 1909.)

Headnote

Appeal from Blunicipal Court, Borough of Brooklyn, Seventh District. Action by Edward S. Siegel against Benjamin B. Greenberg. From a judgment dismissing the complaint, plaintiff appeals.

Reversed, and new trial ordered.

Meyer D. Siegel, for appellant.

Isidore Solomon, -for respondent.

We think that the Municipal Court erred in dismissing the complaint for the reason that the evidence was sufficient to show that the defendant held over as a tenant, and was sufficiently strong to require the court to pass upon the question whether the defendant was not liable for the condition of the premises beyond the ordinary wear and tear incident to a proper occupation thereof by the tenant, under the rule recognized in Baker v. Hart, 123 N. Y. at 473, 25 N. E. 948 , 12 L. R. A. 60 , and Regan v. Luthy, 11 N. Y. Supp. 709 . Judgment reversed, and a new trial ordered; costs to- abide the "event. All concur.