Rohman v. Bunt — 120 N.Y.S. 1143

Majority

p. 1143

ROHMAN et al. v. BUNT.

(Supreme Court, Appellate Term.

January 21, 1910.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Max L. Rohman and another against James Bunt. From a judgment for plaintiffs, defendant appeals. Reversed, and new trial ordered.

James T. Bunt, for appellant.

Harry A. Gordon, for respondents.

The trial justice dismissed the counterclaim herein upon the authority of Reiner v. Jones, 38 App. Div. 441 , 56 N. Y. Supp. 423 . In the case of Levy v. Roosevelt, 131 App. Div. 8 , 115 N. Y. Supp. 475 , it was held that a landlord was liable in an action for breach of contract for failure to repair a roof for damages suffered by a tenant of a portion of the premises by reason of injury to personal property left upon the premises under circumstances similar to those in the case under consideration. The judgment should therefore be reversed, and a new trial ordered, with costs to appellant to abide, the event.