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Valentine v. Constantine

68 N.Y. St. Rep. 883 Court N.Y. Sup. Ct. Decision date 1895-07-26 English

Delivered by Pratt, J.

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Majority

p. 883
Orazio Valentine et al., Resp’ts, v. Richard B. Constantine et al., App’lts.
Sup. Ct. 2 D.
July 26, 1895.
Moore, Wallace & Dudley, for app’lts; Richard B. Constantine, A. C. Astarita, for resp’ts.

— 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.