Appellate Terms of the Supreme Court of New York, 1926

Spring-Mercer Corp. v. Goodman

Spring-Mercer Corp. v. Goodman
Appellate Terms of the Supreme Court of New York · Decided January 28, 1926
126 Misc. 371; 213 N.Y.S. 500; 1926 N.Y. Misc. LEXIS 571

Counsel

Benjamin H. Wicksel, for the appellant., William Weintraub, for the respondents.

Spring-Mercer Corp. v. Goodman

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.