¶1Judgment unanimously affirmed, with costs. We agree with the learned Special Term that the demised building was destroyed by the fire, within the terms of the lease. The work required to restore the ruined garage was rebuilding of the structure, not repairs. Therefore, the lease was at an end and the tenant was entitled to a return of' the deposit. Present — Kelly, P. J., Rich, Jaycox, Manning and Young, JJ.
208 A.D. 853
Klein v. Levin
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1924
Appellate Division of the Supreme Court of the State of New York · decided 1924-04-15
Decided 1924-04-15