Adriance v. Netschert — 72 N.Y.S. 1093

Majority

p. 1093

ADRIANCE et al., Respondents, v. NETSCHERT, Appellant.

(Supreme Court, Appellate Term.

June, 1901.)

Headnote

Action by James B. Adriance and others against Frank Netschert.

W. C. Findlay, for appellant. J. P. O’Brien, for respondents.

The representations of plaintiff Adriance as to the condition of the water pipes, and arrangements connected therewith to prevent leakage, were independent of the lease itself and binding. The damages incurred in that behalf should have been allowed in the court helow. Even had that been done, the plaintiffs were entitled to a judgment for the balance of their claim and interest which should have been awarded to them, instead of a judgment for defendant as ordered. Judgment reversed, and new trial ordered, with costs to abide event.