Pfaff v. Reddick — 61 N.Y. St. Rep. 121

Majority

p. 121

Matilda Pfaff, Resp’t, v. Helen Reddick, App’lt.

(New York Common Pleas, General Term,

Filed August 1, 1894.)

Headnote

Lease—Terms.

All promises by the landlord to the tenant before the execution of the lease are merged in it.

Appeal from a final order rendered in the district court of the city of Hew York for the sixth judicial district.

R. W. Newhall, for app’lt; Straley, Hasbrouck & Schloeder, for resp’t

Whatever was promised by the landlord to the tenant before the execution of the lease was merged in that instrument, and as the lease contains a covenant that the tenant will repair, and keep in repair, the premises during the demised term, the fact that the furnace and heater required some cleaning and other repairs in order to heat the premises does not release the tenant from the obligation to pay her rent.

The final order should, therefore, be affirmed, with costs.