Noah's Ark v. Fred W. Geib Supreme Court of New York ebook - epub
Memorandum: The record shows that respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoccupying them. Thus, there is no merit to appellant's claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated (Corbett v. Spring Garden Ins. Co., 155 N. Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N. Y. 596). Disposition Judgments unanimously affirmed, with costs.
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