Giblyn v. Stevens — 95 N.Y.S. 1130

Majority

p. 1130

GIBLYN, Respondent, v. STEVENS, Appellant.

(Supreme Court, Appellate Term.

December 21, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Loda M. Giblyn against Charles H. Stevens, as executor, etc. From a judgment in favor of plaintiff, defendant appeals.

Affirmed.

S. T. Stern, for appellant.

H. F. Andrews, for respondent.

The plaintiff sought and obtained recovery for failure of the defendant to repair as speedily as possible premises leased by her from the defendant and damaged by fire. Assuming on the statements in the brief of the appellant’s counsel, who has not caused the lease, an admitted exhibit, to be included in the return, that such obligation rested upon the defendant, there were presented but questions of fact, the determination of which below calls for no interference in this court. Judgment affirmed, with costs. All concur.