Valenti v. Constantine — 34 N.Y.S. 1150

Majority

p. 1150

VALENTI et al., Respondents, v. CONSTANTINE et al., Appellants.

(Supreme Court, General Term, Second Department.

July 26, 1895.)

Headnote

Action by Orazio Valenti and another against Richard B. Constantine and another.

Moore, Wallace & Dudley, for appellant

Richard B. Constantine. A. C. Astarita, for respondents.;

We are of opinion that the referee’s conclusions are sustained by the testimony. Not only was there considerable evidence that Constantine had personal notice of the work done by the plaintiffs, but it seems pretty well established that the tenant had authority to make repairs. He made them for some years, and, until the present instance, his authority was never questioned. There are no exceptions that require notice, and judgment is affirmed, with costs. All concur.