46 Misc. 589 | N.Y. App. Term. | 1905
The learned justice fell into error in saying that the defendant in this action under the lease held by him from Purdy was under the same covenant which was contained in defendant’s lease to plaintiff. The covenants were not identical in language, and, in my opinion, were not identical in effect. The covenant in Purdy’s lease to defendant was that defendant would “ properly and fully comply with all the orders, rules and regulations of the board of health and other municipal departments as may be issued or apply to said premises.” This covenant was without limitation in terms and may be broad enough to cover the erection of a fire-escape under an order of the tenement-house department, although we are not called upon to determine that question here. The plaintiff’s covenant is that he will “promptly execute and comply with all the statutes, rules, orders, ordinances and regulations of the State or city governments and of any and all their departments and bureaus applicable to said premises, for the correction, prevention and abatement of nuisances or other grievances in,
O’Gorman and Blanchard, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.