New York Court of Appeals

Christiana Cesar v. . Albert Karutz

March 23, 187560 N.Y. 229

Summary

The New York Court of Appeals affirmed the trial court's judgment for the plaintiff, holding that a landlord who knows or has notice that premises are infected has a duty to disclose that condition to a prospective tenant. The Court found the jury instructions correct, concluded that the evidence of the landlord's notice was sufficient to submit the issue to the jury, and declined to nonsuit the plaintiff for lack of proof of knowledge.