CASERTA v. TOWN & COUNTRY HOUSE SERV.


27 Misc.2d 1021 (1961)

Charles Caserta, Plaintiff, v. Town & Country House & Home Service, Inc., Defendant.

District Court, Nassau County, Third District.

April 13, 1961


Attorney(s) appearing for the Case

Herman J. Herbert, Jr., for plaintiff. Thomas D. Conway for defendant.


FRANCIS J. DONOVAN, J.

The facts in this case are virtually undisputed. The landlord makes claim against the tenant of an upper floor for damage to walls and ceilings caused by an overflow of water. The lease contained a covenant that the tenant would perform all "interior repairs." The material facts bearing upon the cause of the overflow were as follows:

The tenant had started his automatic dishwashing...

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