239 A.D. 323 | N.Y. App. Div. | 1933
The déóision on this motion determined only that the leased premises were untenantable before the fire that occurred on December 27, 1928, and that, the lease having been assigned, the defendant Could not and did not surrender the premises for the reason that they became untenantable because of the fire under the provisions of section 227 of the Real Property Law; and that, therefore, the defendant was liable for the balance of the rent reserved, taxes and water charges which had accrued and remained unpaid prior to the commencement of the action. The summary judgment Was partial only, and was based on the first cause of action.
The order and the judgment entered thereon should be affirmed, with ten dollars costs and disbursements.
Kapper, Hagarty, Carswell and Davis, JJ., concur; Lazansky, P. J., concurs in result.
Order and judgment unanimously affirmed, with ten dollars costs and disbursements.