...premises shall, without any default or neglect of the lessee, be destroyed, or be so injured by fire, or any other cause, as to be untenantable and unfit for occupancy, the lessee shall not be liable or bound to pay rent to the lessor until the same are rebuilt or repaired,...

...duties reserved in the original lease surrendered. • § [197] 227. When tenant may surrender premises. Where any building, which is leased or occupied, is...may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased...

...permitting a tenant to surrender leased premises without further liability "where the building * * * is destroyed or so injured by the elements or any other cause as to be untenantable," the defendant, in this action for rent under a lease, alleged that she and 143 New York State Reporter...

...days," and ask for a dismissal of the complaint. Under section 197 of the Real Property Law, where " no express agreement to the contrary has been made in writing," the lessee or occupant of a building rendered untenantable Misc.] Supreme Court, Appellate Term, Juno, 1908. and unfit for...

...property law (chapter 547, p. 589, Laws1896) does not apply to the present case. That section provides:. "Where any building which is leased or occupied, is destroyed or so in.lureii' iiy the elements, or any other cause as to be untenantable, and unflt for oeeupancy, and...

...statute, which was first enacted as L. 1860, ch. 345, and is' now L. 1909, ch. 52, § 227, provides that: "Where any building, which is leased or occupied,...may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased...

...v. Simons, 25 Misc. Rep, 737; Barkley v. McCue, id. 738. §227. When tenant may surrender premises. Where any building, which is leased or occupied, is...cause as to be untenantable, and unfit for occupancy, and.no express agreement to the contrary has been made in writing, the lessee or occupant may, if the...

...leasehold premises," and thereby release himself for rent accruing after such surrender, where the "building which is leased or occupied is destroyed...cause, as to be untenantable and unfit for occupancy," etc. In place of enlarging the law of eviction it does not provide for an eviction, but only confers...

...substantially a re-enactment of the first section of chapter 345 of the Laws of 1860, reads as follows: "Where any building which Is leased or occupied, Is...elements or any other cause as to be untenantable or unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee...

...substantially a re-enactment of the 1st section of chapter 345 of the Laws of 1860, reads as follows: "Where any building which is leased or occupied, is...so injured by the elements or any other cause as to }>e untenantable and unlit for occupancy, and no express agreement to the contrary has been made in...