William W. Appleton, as Trustees Under the Will of James E. Cooley, Deceased, Respondents v. Max Marx, Appellant

Summary

The Court affirmed the appellate division, holding that when a landlord sues for breach of a tenant’s covenant to keep premises in repair after the lease term has expired, damages are measured by the cost of putting the premises into repair, and that subsequent repairs by a later tenant do not diminish the landlord’s right to recover those costs.