124 N.Y.S. 573 | N.Y. App. Div. | 1910
On March 8, 1909, the appellant leased to the respondent certain ■ premises to be used as-a picnic ground, on which there, was a dining hall, a dancing pavilion, restaurant and hotel, for the period of three years, at a rental of $1,075-for the first year,. $1,225 for the second, and $1,300- for the third year, payable in advance in- equal half-yearly installments. The appellant covenanted and agreed with the tenant' to furnish, without further charge Or cost, the water that . was required for use upon the premises from the first day of May until the eighteenth day of September, of each year. The tenant. took possession and paid the first six months’ rent in advance. The landlord neglected and failed to furnish or supply the water as he had agreed to do, during this six months, or up to September eighteenth. Because of this the tenant omitted to pay the rent due and payable on October 1, 1909, for the six months ending on April 1, 1910, and this proceeding was instituted. The tenant answered, setting up a .counterclaim for damages sustained through the landlord’s failure to furnish water as agreed, and. upon the trial the court found, upon sufficient evidence, that the tenant had sustained damages to the .amount of $350, which he allowed upon the counter
The judgment and order of the Municipal Court must, therefore, be reversed, with costs to the appellant, and the proceeding remitted
Hirsohberg, P. J., Woodward, Thomas and Carr, JJ.,. concurred.
Judgment and order of the Municipal Court reversed, with costs to the appellant, and proceeding remitted to the Municipal- Court for entry of a final order in. conformity with the requirements of section 2249 of the Code of Civil Procedure.