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Levin v. Eleto Realty Corp.

Supreme Court, Appellate Term, First Department
Mar 6, 1936
160 Misc. 141 (N.Y. App. Term 1936)

Summary

In Levin v. Eleto Realty Corp. (160 Misc. 141) the court held: Evidence held insufficient to justify judgment for tenant against landlord for loss of property from burglary on ground that failure of landlord to supply new lock or other moldings on door was proximate cause for loss which occurred, or that loss could have been reasonably anticipated so as to impose further duty on landlord to repair condition complained of.

Summary of this case from Tirado v. Lubarsky

Opinion

March 6, 1936.

Appeal from the Municipal Court of City of New York, Borough of Manhattan, Seventh District.

Miller Caniell, for the appellant.

E. Lawrence Levin, for the respondent.



The facts presented do not justify a holding that the failure of the landlord to supply a new lock or to supply other mouldings on the door was the proximate cause for the loss which occurred. The evidence does not establish that the loss in the manner testified to could have been reasonably anticipated so as to impose further duty to repair the condition complained of.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits.

All concur. Present — LYDON, HAMMER and FRANKENTHALER, JJ.


Summaries of

Levin v. Eleto Realty Corp.

Supreme Court, Appellate Term, First Department
Mar 6, 1936
160 Misc. 141 (N.Y. App. Term 1936)

In Levin v. Eleto Realty Corp. (160 Misc. 141) the court held: Evidence held insufficient to justify judgment for tenant against landlord for loss of property from burglary on ground that failure of landlord to supply new lock or other moldings on door was proximate cause for loss which occurred, or that loss could have been reasonably anticipated so as to impose further duty on landlord to repair condition complained of.

Summary of this case from Tirado v. Lubarsky
Case details for

Levin v. Eleto Realty Corp.

Case Details

Full title:E. LAWRENCE LEVIN, Respondent, v. ELETO REALTY CORPORATION, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Mar 6, 1936

Citations

160 Misc. 141 (N.Y. App. Term 1936)
289 N.Y.S. 667

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