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JUSTICES OF THE PEACE. . appliances and supply heat and water, and
1 I RI
PC See Appeal, $ 1074; Courts, $ 30.
pairs, on failure, notwithstanding constant ef-
1 295 IV. PROCEDURE IN CIVIL CASES. struct the plant or introduce a new one.-011288 73, 74 (N.Y.CO.Ct.) A motion for a change werter v. Escher, 137 N. Y. S. 881. of justices under Code Civ. Proc. $ 3151, on the ground that the defendant expected to
(E) Injuries from Dangerous or Defective
Condition, prove by the justice that the plaintiff stated he had no cause of action, held insufficient.- faith leased his entire building to a lessee, who
$ 164 (N.Y.Sup.) A landlord, wbo in good Davis v. O'Day, 137 N. Y.'S. 411.
A justice's order denying a motion for a agreed to keep the premises in good repair at change of justices, which stated that the pres: subtenant of a room in a building, caused more
his own cost, is not liable for injuries to a ent justice was not a material witness, as set forth in the defendant's affidavit, held 'not in- than a year later by a defective floor.–Jenking sufficient for containing in addition the un
v. Gruen, 137 N. Y. S. $33. sworn statement of the justice that the matters
8 168 (N.Y.Sup.) A landlord cannot escape contained in the affidavit were not true.-Id.
liability for injury to a tenant, caused by $ 81 (N.Y.CO.Ct.) Under Const. 1869, art. 6, treads on cellar stairs not of the width requir. § 18, and Amsterdam City Charter, 8.50, serv; did not carry a light with her; the accident
ed by Tenement House Law, $ 21, because she ice of process issued from a justice of the city occurring on her first use of the stairs
, which within the county held sufficient.–Davis v. she had a right to assume were constructed as 0'Day, 137 N. Y. S. 411.
required by law.-Phelps v. Kaufman, 137 N. ) Y. summons from a justice court showing service ; 169 (N.Y.Sup.) In an action against a landice was made, prima facie confers jurisdiction lord for injuries to a third person by falling on the justice.-Davis v. O'Day, 137 N. Y. S. on stairs at a place where the light was inade
quate, held, that his negligence in descending 411.
without holding to the railing was a question $ 84 (N.Y.CO.Ct.) A general appearance be- for the jury;-Downs v. Brown Realty Co., 137 fore a justice and interposition of such defens. N. Y. š. 327. es as the defendant had held not a waiver of an objection to a refusal of the justice to tion of a building was filed in the tenement
$ 169 (N.Y.Sup.) That application for erecchange justices on special appearance.-Davis house department of New York City, and a viov. O'Day, 137 N. Y. S. 411.
lation was filed against its use without a cer. § 107 (N.Y.Sup.) A defendant in justice's tificate, shows that the building was within court is, under Code Civ. Proc. $ 2961, enti- Tenement House Law, $ 21, which fixes the di. tled absolutely to an adjournment for a reason-mensions of treads on stairs.-Phelps v. Kaufable time, wlien applied for at the time of the man, 137 N. Y. S. 345. joinder of issues, and, unless plaintiff so re
$ 169 (N.Y.Sup.) Proof that there was ice and quires, he need not make the affidavit nor give snow in front of an apartment house, and that the undertaking provided for by the statute.
a tenant, upon leaving it, slipped upon the ice Molinski v. Burnett, 137 N. Y, S. 259.
and was injured, and that she afterwards accus
ed the janitor of having thrown soapy water JUSTIFICATION.
on the sidewalk, does not establish any cause of See Libel and Slander, & 94.
action.-Pearlman v. Wahlig & Sonsin Co., 137
N. Y. S. 876.
VIII. RENT AND ADVANCES.
(A) Rights and Liabilities. LACHES.
186 (N.Y.Sup.) Where a municipal corpora,
tion, after the expiration of a lease, continued See Depositions; Injunction, $ 113; Mortgages, in possession, it was liable for rent in the ab88 425, 559.
sence of allegation and proof of eviction, though
possession was somewhat interfered with.-Lar LANDLORD AND TENANT. sen v. City of New York, 137 N. Y. S. 144. See Accord and Satisfaction, 88 4, 27; Brok
(B) Actions. ers, § 63;
Contracts, $ 303; Evidence, 8 414; Joint Adventures, $. 5; Judgment, which defendant counterclaimed for false rep
$ 231 (N.Y.Sup.) In an action for rent, in 553; Life Estates, $ 25; Mechanics' Liens,
resentations, defendant's uncontradicted testi. 73.
mony held to entitle him to judgment.-HataVII. PREMISES, AND ENJOYMENT
satah Realty Co, v. Gulick, 137 N. Y. S. 787. AND USE THEREOF.
$ 231 (N.Y.Sup.) In an action on a lease
against the guarantor of the lessee for unpaid (D) Repairs, Insurance, and Improve
rent, the burden is upon the defendant to es
tablish that an act of eviction set up as a de$ 152 (N.Y.Sup.) A landlord, stipulating that fense was done by the landlord, or under bis he will maintain proper heating and hot water authority.-Katz v. Alvord, 137 N. Y. S. 870.
IX. RE-ENTRY AND RECOVERY OF
LIBEL AND SLANDER.
AND LIABILITY THEREFOR. $ 297 (N.Y.Sup.) A landlord held not entitled
§ 15 (N.Y.Sup.) In deciding whether a newsto institute summary proceedings for the re- paper article is libelous, the scope and the obmoval of a tenant before the end of the term ject of the entire article are to be considered without exercising an option to forfeit for together, and such a construction adopted as breach of covenant before their institution. would naturally be given to it.-O'Connell v. Fifth Ave. Bldg. Co. v. Potaras, 137 N. Y. S. Press Pub. Co., 137 N. Y. S. 332. 896.
A publication, when the American Sugar ReA provision of a lease that the tenant waives fining Company, its officers, and employés were a right to notice of legal proceedings held not charged with defrauding the government by to forego the necessity for the exercise of an tampering with scales, that plaintiff was the option to terminate for breach of a covenant inventor of a corset steel spring device, which before the landlord could bring summary pro was shown to an official of the sugar company, ceedings to oust the tenant as one holding over. fairly charges plaintiff with an offense against -Id.
Rev. St. U. S. $$ 5440, 5445 (U. S. Comp. $314 (N.Y.Sup.) The provisions under Code St. 1901, pp. 3676, 3678), and Act Cong. June Civ. Proc. $$ 2256, 2259, for a redemption of 10, 1900, 8° 9.-Id. premises by a dispossessed tenant, subject to oc
§ 16 (N.Y.Sup.) A publication held to impute cupancy by a new tenant, which may be term- to plaintiff a vicious act, tending to diminish inated, do not prevent the landlord from reletting his respectability and impair his comfort by the the premises and making reasonable alterations attendant disgrace and contempt.-O'Connell v. to accommodate the new tenant.-Terwilliger Press Pub. Co., 137 N. Y. S. 332. v. Browning, King & Co., 137 N. Y. S. 572. A dispossessed tenant, on obtaining an order,
IV. ACTIONS. under Code Civ. Proc. $82256, 2259, directing that he be let into possession on paying a speci- (B) Parties. Preliminary Proceedings, and
Pleading. fied amount, after the premises had been relet and altered, to the disadvantage of the purposes $ 94 (N.Y.Sup.) Justification held to be for which the dispossessed tenant used them. broad as the alleged libel, and sufficient.-Tully gave him no greater right against the landlord v. New York Times Co., 137 N. Y. S. 962. than a lease would have given; the burden be A justification in libel must be as broad ing on him, and not the landlord, to oust the as the libel.-Id. new tenant.--Id. An order, under Code Civ. Proc. $8 2256,
LICENSES. 2259, in a redemption proceeding brought by a dispossessed tenant, held subject to enforce. See Certiorari; Intoxicating Liquors, $ 154;
Theaters and Shows. ment in an equitable action.--Id. A dispossessed tenarit, in suing to enforce an
1. FOR OCCUPATIONS AND PRIVIorder in a redemption proceeding, brought un
LEGES. der Code Civ. Proc. $S 2236, 2259, is not entitled to
recover for use and occupation by $ I (N.Y.Sup.) A license is a permission to do the landlord, if that relief is not relied upon by something.---'eople ex rel. Moses v. Gaynor, 137 the complaint.-Id.
N. Y. S. 196.
$ 22. (N.Y.Sup.) Under General City Law, $ LARCENY.
44, subd. 2, and sections 45, 46, a master plumSee Corporations, $ 123; False Pretenses; Re- ber; having passed an examination and secured
a certificate in F., and having removed to S., ceiving Stolen Goods.
was not entitled to registration without having
first passed a new examination before the LAW OF THE CASE.
plumbers' board at S.-People ex rel. Lavier
v. Hessler, 137 N. Y, S. 664. See Appeal, 88 1099, 1195.
$ 39 (N.Y.Sup.) Where a license to operate
a moving picture show is unnecessary, one may LAW OF THE ROAD.
conduct his business without a license, and See Highways.
maintain actions for trespass, or perhaps in
equity, against those interfering therewith.LEASE.
In re Whitten, 137 N. Y. S. 360, See Landlord and Tenant.
II. IN RESPECT OF REAL PROP
$ 60 (N.Y.Sup.) Where one erecting a See Taxation, 88 860, 876.
mill on state land adjacent to the Erie Canal For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER
was permitted to maintain and operate it for II. COMPUTATION OF PERIOD OF over 30 years, unmolested by the state, he be
LIMITATION. came a licensee, and his rights could be terminated without compensation only by giving him
(A) Accrual of Right of Action or Dea reasonable notice to remove the property.
fense. Watson v. Empire Engineering Corporation, $ 60 (N.Y.Sup.) An action to quiet title and 137 N. Y. S. 231.
remove a cloud thereon, and incidentally to en.
join defendant's interference with plaintiff's LIENS.
lands under water, by reason of its nature, is See Attorney and Client, 88_190, 192; Judg. Gamble Mfg: Co., 137 N. Y. S. 737.
not barred by limitations.-Dooley y. Proctor & ment, 8563; Livery Stable Keepers, § 8; Mechanics' Liens; Mortgages; Municipal Cor- (C) Personal Disabilities and Privileges. porations, $ 373; Vendor and Purchaser, $ 229; Wills, 8 732.
$ 72 (N.Y.Sup.) The 10-year statute of limitation against an action to set aside a judg
ment held to begin to run from the time of the LIFE ESTATES.
sale of the property, and not from the date of See Executors and Administrators, $ 298; Wills, of action would be extended only one year after
the majority of infant defendants, whose right 88 15, 597, 614, 687.
their majority by Code Civ. Proc. $ 396.- Ford $ 15 (N.Y.Sur.) What is "income" from cap. v. Clendenin, 137 N. Y. S. 54. ital stock, to which a life tenant is entitled under a will, as distinguished from “principal," (H) Commencement of Action or Other to which the remainderman is entitled, defends
Proceeding. largely on testator's presumed intention.-In re $ 120 (N.Y.Sup.) The running of the limitaBunker's Estate, 137 N. Y. S. 104.
tion of actions against New York City by A transfer of assets by a railway company to Greater New York Charter (Laws 1901, c. a trustee and subsequent issue of participation 466) § 261, as amended by Laws 1906, c. 550, certificates by the trustee do not constitute a held not suspended, under the terms of Code “dividend" on stock, so as to entitle a life ten- Civ. Proc. $ 405, by the commencement of an ant under a stockholder's will to it as against action in the City Court, which had no juristhe remainderman.-Id.
diction.--Gaines v. City of New York, 137 N. $ 25 (N.Y.Sup.) A lease given by a life tenant Y. S. 964. terminated at the option of remaindermen on
LIQUOR SELLING. the landlord's death.-Hinton v. Bogart, 137 N. Y. S. 697.
See Intoxicating Liquors. Forfeiture of lease given by a life tenant at her death held waived by the receipt of rent
LIS PENDENS. thereafter by remaindermen.-Id. Where certain remaindermer continued to re
§ 22 (N.Y.Sup.) Code Civ. Proc. $ 1071, held ceive rent from the lessee of the life tenant not to give a party filing a lis pendens an inafter the life tenant's death without disposses- terest in the property therein described superision, the relation of landlord and tenant was not ed deed, who was not made a party to the ac
or to the rights of another under an unrecordinterrupted, and the tenant was liable under tion.—Nugent v. Foley, 137 N. Y. S. 705. the original contract.--Id.
$ 24 (N.Y.Sup.) Under Code Civ. Proc. $ LIMITATION OF ACTIONS.
1671, held, that service of an answer by a jun.
ior mortgagor in mortgage foreclosure, setting See Adverse Possession; Executors and Ad-up a right to require plaintiff to sell a lot on ministrators, $ 213; Mortgages, 8 561. which the junior mortgagor had no security,
operated as notice to a purchaser of that lot; I. STATUTES OF LIMITATION. lis pendens having been filed.--Hubbard v. Ly.
decker, 137 N. Y. S. 714. (B) Limitations Applicable to Particular Actions.
LIVERY STABLE KEEPERS. 8 39 (N.Y.Sup.) An action to have a judgment and sale adjudged null and void for want $7 (N.Y.Sup.) Where plaintiff delivered to of jurisdiction, or to impeach such sale for defendant for storage in his garage an auto constructive fraud in the purchase by a trustee, body in apparently good condition, and the held subject to the 10-years limitation pre- same, when returned nearly three years later, scribed by Code Civ. Proc. $$ 388, 396.-Ford was broken and the upholstery moth-eaten, and v. Clendenin, 137 N. Y. S. 54.
an expert proved that by the usual methods the Though partition or ejectment might be main body would not have been damaged to the extained to recover land which was the subject- tent that it was damaged, there was a prima matter of a judgment, held, that the 10-year facie case of negligence of defendant, who, to limitation prescribed by Code Civ. Proc. 8 388, escape liability, must prove freedom from negli. for proceedings not specially provided for, ap- gence.--Wimpfheimer v. A, T, Demarest & Co., plied to an action to set it aside for want of 137 N. Y. S. 908. jurisdiction over the subject matter.-Id.
$ 8 (N.Y.Sup.) A garage keeper, who had acThe 10-year limitation prescribed by Code tual possession of taxicabs kept in his garage, Civ. Proc. $ 388, applies to an action to set had a lien thereon, unless it was barred by a aside a judgment, invalid because rendered with former judgment.--Cuneo v. Freeman, 137 N. out jurisdiction of the parties defendant.-Id. Y. S. 885.
state's moral obligation to the nation, and a
direction to the commissioners of the Land Of-
fice to attempt to make a fair and reasonable
effort to negotiate with the nation for an ad-
justment of the claim; and mandamus lies
to compel the commissioners to act.-People
ex rel. Cayuga Nation of Indians y. Commission-
ers of Land Office, 137 N. Y. S. 393.
8 118 (N.Y.Sup.! The only remedy, where col-
lector of assessments and arrears refuses to re-
ceive payment of the amount of a tax lien and
cancel a transfer, is by mandamus.-In re Con-
nell, 137 Y. Y. S. 667.
(C) Acts and Proceedings of Private Cor-
porations and Individuals.
$ 125 (N.Y.Sup.) New York courts will not
grant mandamus to compel the reinstatement
beneficial association, though authorized to do
y. National Slayonic Society of the United
States of America, 137 N. Y. S. 1057.
f 148 (N.Y.Sup.) Private citizens were prop-
tion board to perform its duties according to a
valid statute.-People ex rel. Hotchkiss v.
Smith, 137 N. Y. S. 387; People ex rel. Wood-
ruff v. Britt, Id. 393.
§ 172 (N.Y.Sup.) Under an order to show
mine the constitutionality of the statute at-
tacked.-People ex rel. Hotchkiss v. Smith,
$181 (N.Y.Sup.) Where, in mandamus, is-
sues of fact are raised by the answering afli-
re Whitten, 137 N. Y. S. 360.
$ 187 (N.Y.Sup.) The comptroller of the city
peremptory mandamus to compel him to pay as
a county expense items of disbursements by an
attorney assigned to defend a poor person, may
properly appeal.--In re Kenney, 137 N. Y. S.
$76 (N.Y.Sup.) Where the position of fore MARSHALING ASSETS AND SE
MASTER AND SERVANT.
See Appeal, $ 1066; Death, § 99; Injunction,
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER
I. THE RELATION.
| ing grade.-Kwiatkowski v. Nichols Copper Co., I
137 N. Y. S. 586,
$ 116 (N.Y.Sup.) A plank extended between
furnishing an unsafe scaffold, unless the loca.
$117 (N.Y.Sup.) A "stiff-leg derrick" used in
to insufficient inspection resulting in the death $173
through splashing of liquids, as well as to pre.
vent their fall into vats, if such injury would
using ordinary care.-Bell v. Proctor & Gam-
ble Mfg. Co., 137 N. Y. S. 266.
Machinery, permitted to remain unguarded, in
$121 (N.Y.Sup.) Labor Law, $ 20, requiring
the guarding of elevator shafts, held not to
ble accidents in the work of installing the ele.
vators.--Swenson v. Charles T. Wills, 137 N. werier
§ 129 (N.Y.Sup.) Any absence of lights was
not the proximate cause of the injury of a
signals given by a whistle.-Santiago v. John
E. Walsh Stevedore Co., 137 N. Y. S. 611.
$ 129 (N.Y.Sup.) In an action for the death
of an employé of a general contractor, caused
(C) Methods of Work, Rules, and Orders.
$ 134 (N.Y.Sup.) Where intestate, while as-
building, fell down an elevator shaft and was
momentary losses of balance on the part of
Places for Work.