Appellate Division of the Supreme Court of the State of New York December 3, 1909 (Pratt, Hurst & Co. v. Tailer)

McLaughlin, J.:

The plaintiff leased from the defendants a portion of a building in the city of New York. The lease' contained a provision that the defendants should keep the roof in repair but should not' be liable “ for any damage caused by leakage of the same, unless they shall *3neglect to make the necessary repairs within a reasonable time after receiving a written notice of such leakage.