Hyperlawhypertext legal database Iroquois Brewing Co. v. Thomas Cusack Co. 147 N.Y.S. 1117

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Iroquois Brewing Co. v. Thomas Cusack Co.

147 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1914-03-25 Docket No. 17276 English

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p. 1117
IROQUOIS BREWING CO., Appellant, v. THOMAS CUSACK CO., Respondent.
(No. 17276.)
(Supreme Court, Appellate Division, Fourth Department.
March 25, 1914.)

Headnote

Action by the Iroquois Brewing Company against the Thomas Cusack Company.

Judgments of Supreme Court and of City Court reversed, and new trial ordered to be had in the City Court on the 8th day.of April, 1914, at 10 a. m., with

p. 1118
costs in all courts to appellant to abide event. Held, defendant may be held liable for damages in the nature of waste for painting advertising signs on plaintiff's building, notwithstanding its license from plaintiff's tenant, provided the daniage is not trivial. Defendant is not liable for signs painted on the same wall space previously by the Buffalo Gunning_System.