MILTON v. BENDER


13 A.D.2d 934 (1961)

Paul R. Milton, Appellant, v. Rosalind Bender, Also Known as Rosalind Elkind, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1961


Defendant, under written lease dated August 3, 1959, occupied an apartment, the bedroom of which leads and is the only access to an open terrace which is for her exclusive use. Paragraph "14" of the lease is the standard provision by which the landlord may have access to the apartment to make repairs. Defendant permitted the drain to become clogged and the bedroom door to remain open during a heavy rain; water flowed into the bedroom, seeped through the floor by way of a...

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