Berger v. La Grasse — 92 N.Y.S. 1115

Majority

p. 1115

BERGER, Respondent, v. LA GRASSE, Appellant.

(Supreme Court, Appellate Term.

January 26, 1905.)

Headnote

Appeal from. Municipal Court, Borough of Manhattan, Third District. Action by Bertha Berger against Adelaide La Grasse. From a judgment for plaintiff, defendant appeals. Reversed. Davis & Williams, for appellant. Benjamin Berger, for respondent.

The judgment awarded damages to the plaintiff for a breach of covenant in a lease requiring the defendant to erect a front sidewalk garden within a specified time, and for a failure to restore certain rooms to a habitable condition. The evidence upon which the judgment was based is vague and speculative, and does not support an^ proper rule for estimating the damages, if, indeed, any were sustained. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

SCOTT, J., concurs.

Deeming that the plaintiff is entitled to a judgment upon the evidence, I dissent.