
    BERGER, Respondent, v. LA GRASSE, Appellant.
    (Supreme Court, Appellate Term.
    January 26, 1905.)
    Appeal from. Municipal Court, Borough of Manhattan, Third District. Action by Bertha Berger against Adelaide La Grasse. From a judgment for plaintiff, defendant appeals. Reversed. Davis & Williams, for appellant. Benjamin Berger, for respondent.
   DAVIS, J.

The judgment awarded damages to the plaintiff for a breach of covenant in a lease requiring the defendant to erect a front sidewalk garden within a specified time, and for a failure to restore certain rooms to a habitable condition. The evidence upon which the judgment was based is vague and speculative, and does not support an^ proper rule for estimating the damages, if, indeed, any were sustained. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

SCOTT, J., concurs.

MacLEAN, J.

Deeming that the plaintiff is entitled to a judgment upon the evidence, I dissent.  