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Valenti v. Constantine

96 N.Y. Sup. Ct. 607 Court N.Y. Gen. Term English

Judges Brown, P. J., and Dykman, J., concurred.

Delivered by Pratt, J.:

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p. 607
Orazio Valenti and Another, Composing the Firm of Valenti & Priore, Respondents, v. Richard B. Constantine and Another, Appellants.

Headnote

Judgment affirmed, with costs.—

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.

Brown, P. J., and Dykman, J., concurred.