Spring-Mercer Corp. v. Goodman
126 Misc. 371
N.Y. App. Term.
1926
Check Treatment
Per Curiam.

The nine holes cut through the wire lath and plastering in the ceiling, measuring approximately twelve inches by twelve inches each, do not constitute ordinary wear and tear. The tenant is hable to the landlord for such damage to the ceiling and should make reimbursement to cover the cost of repair.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff in the sum of eighty dollars and costs.

All concur; present, Guy, Wagner and Lydon, JJ.