
    Imperator Realty Co., Inc., Appellant, v. Banit Schmukler, Respondent.
    (Argued January 29, 1925;
    decided February 25, 1925.)
    
      Landlord and tenant —■ provision in lease that tenant shall make repairs —■ when tenant not liable for expense of underpinning building made necessary by excavation on adjoining land.
    
    
      Imperator Realty Co. v. Schmukler, 208 App. Div. 843, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 16, 1924, unanimously affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was landlord against tenant to recover the cost of shoring, bracing and underpinning the foundation of the leased building, made necessary by excavations on adjoining land and by order of the city authorities, it being contended that such expense should be borne by the tenant under the following provisions of the lease: “ The tenant shall take good care of the premises hereby leased, and shall at his own cost and expense make all necessary repairs, inside and outside of said premises hereby leased, and structural repairs, if any should at any time during the term of this lease be required, and at the end, or other expiration of the term, shall deliver up the premises in good order and condition, damages by the elements excepted. The tenant shall at his own cost and expense promptly execute and comply with all rules, orders, ordinances and regulations of the City, County and State and Federal Governments, and of any and all its or their departments, commissions and bureaus applicable to said premises for the correction, prevention, and abatement of nuisances, or other grievances in, upon, or connected with said premises during said term, * * * ”
    
      Harry E. Herman, Arthur O. Ernst and Henry Lehrich for appellant.
    
      Samuel D. Johnson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  