
    Andrew Crawford, App’lt, v. Henry Redding, Resp’t.
    
      (New York Common Pleas, General Term,
    
    
      Filed May 17, 1894.)
    
    Lease—Repairs.
    Dilapidation by gradual decay is covered by an express covenant, on the part of the tenant, to keep the premises in repair.
    Appeal from a judgment of the district court in the city of New York for'the first judicial district.
    
      Howe & Hummel, for app’lt; B. W. Traitel, for resp’t.
   The Court, (Bookstaver, P. J.)

There is no implied warranty in the lease under consideration that the premises were fit for the purpose for which they were rented ; while there is an express covenant on the part of the tenant that he will keep the premises in repair. The case is barren of any proof that the premises became untenantable by reason of any sudden disaster of any kind ; but the testimony rather tends to show that they became dilapidated by gradual decay which was one of the things the tenant undertook to guard against by his covenant in the lease. The judgment is, therefore, clearly erroneous and it must be reversed with the costs to the appellant.  