Appellate Terms of the Supreme Court of New York November 15, 1904 (Levin v. Habicht)

Freedman, P. J.

The plaintiff occupied a store on the ground floor of 369 Lenox avenue. The upper part of the building was apartments, the one directly over the plaintiff’s store being occupied as a residence by the defendant, his wife and servant.

The premises were formerly owned by one Bauman, who leased the store to the plaintiff for five years from April 2, 1901.