101 N.Y.S. 40 | N.Y. App. Term. | 1906
The defendant was a tenant of plaintiff under a lease which expired on May 1, 1906, at a monthly rent of forty-seven dollars and fifty cents. Some time in March or April, 1906, defendant told plaintiff he would like to renew the lease for another year. Plaintiff agreed, provided defendant would pay fifty-two dollars a month rent. It was finally agreed that a lease for another year should be given, by which defendant should pay fifty-two dollars a month, and plaintiff agreed to make certain repairs to the
The defendant, if he had made- the repairs himself, could have counterclaimed the cost of such repairs, or, if he did not do the repairs himself, he could have counterclaimed the difference in the value of the use of the premises as they were and as the plaintiff had agreed to put them, and he could have proved his actual damage by showing the difference in value. Cook v. Souls, 56 N. Y. 420.
Dugro and Dowling, JJ., concur.
The judgment must be reversed and a new trial granted, ’with costs to appellant to abide event.