CAPLAN v. GOLDMAN


197 Misc. 404 (1950)

Theresa Caplan, Respondent, v. Max S. Goldman et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 26, 1950.


Attorney(s) appearing for the Case

Murray B. Trayman and Max E. Greenberg for appellants.

Samuel M. Sprafkin for respondent.


HOFSTADTER, J.

The plaintiff is the tenant of one of the stores in the defendants' building in the city of New York, together with part of the basement and part of the second floor, under a five-year lease commencing on May 15, 1948. The action is to recover property damage caused by a water leakage from the roof. The defendants are charged with negligence in the maintenance of the drains and kindred omissions. The answer pleads as a defense a clause...

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