141 N.Y. 6 | NY | 1894
The only act of the lessors upon which the defense of eviction is sought to be supported was the granting of the permit to the contractors for the excavation on the adjacent lot, to enter upon the leased premises "to do all things necessary for the purpose of preserving the walls and building from injury." The permit was given to comply with the conditions imposed by section 474 of the Consolidation Act (1882), in order to subject the party making the excavation to the obligation of protecting the building on the leased premises from injury therefrom. The permit of the lessors was not, however, alone sufficient to give a right of entry to the licensees. No entry could be lawfully made unless, in addition, the tenants consented. (Johnson v. Oppenheim,
The judgment should be affirmed, with costs.
All concur, except BARTLETT, J., not sitting.
Judgment affirmed.