18 N.Y.S. 907 | N.Y. Sup. Ct. | 1892
This action is for damages for the defendant’s failure to give the plaintiff possession of certain leased premises. No question is raised upon this appeal as to the right of action. Indeed, it appears that the plaintiff was kept out of possession because of a lease given by the defendant to-one Merrick, a previous undertenant of the premises. The only questions, therefore, are as to the damages awarded at circuit. Two objections are-made by the appellant: First, as to the damages generally; and, second, as-to the admission of evidence with respect to special expenditures. This latter objection was, we think, well taken. It appears that, when the defendant found it impossible to give immediate possession of the demised premises, he permitted the plaintiff temporarily to occupy the adjoining premises. This was in view of certain proceedings which were taken to dispossess Merrick,, and in the expectation that such proceedings would speedily result in giving the,plaintiff possession. While the plaintiff was thus temporarily in occupation of the adjoining premises, he expended some money thereon which he deemed necessaryfor the convenient transaction of his business. The learned judge, under the defendant’s objection and exception, permitted proof of the expenditures thus made for shelving and gas fixtures. These expenditures-