
    SUPREME COURT, APPELLATE TERM,
    JANUARY, 1907.
    Michael Schiavone, Appellant, v. Julia A. Callahan, Respondent.
    Landlord and tenant — Rights, duties and liabilities in regard to premises — Repairs, insurance and improvements — Covenants and agreements as to repairs — When not to be implied.
    Evidence — Admissions — Admissibility as affected by mode of making admissions — Tender or offer to compromise.
    Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, rendered in favor of the defendant.
    Andrew S. Fraser, for appellant.
    William E. Cook,' for respondent.
   Per Curiam.

In the absence of an express covenant to repair, the landlord is not liable for repairs. The contention of the tenant that, since the lease expressly made the tenant liable for inside repairs, the landlord must be liable for outside repairs is not tenable. Indeed, it is not clear that the repairs in question were outside repairs. The suggestion that an offer made for the purpose of avoiding litigation is to be treated as an admission is equally unsound.

Present: Gilderslebve, Blanchard and Dayton, JJ.

Judgment affirmed, with costs.  