The Washington times., 1908-11-14
Buff IcicleS Hang Upon
the Walls You May Move
Where You Will.
COURT IN NEW YORK
LAYS DOWN LAW
Judge Holds, Too, If You Put in
Stoves, You May Sue Land
lord for the Cost

NEW YORK. Nov. H-With Old
Boreas blowing wintry greeting up every
Speaking tube IN town, and the mercury
moving i'm southerly direction, 1t was
particularly apr0pos that the appellate
division should decide that a landlord is
perfectly justified in freezing tenant
if the tenant is willing 10 put up with
the frappe treatment
some landlords hold 10 the belief that
tenants, like other perishable property
keep better in "A fngid atmosphere
that's why Harlemites have that cold
storage expression
If your fiat or apartment is not heat
ed properly pick up your scenery and
beat il; the icicIe treatment justifies you
in fTaCturing your lease. II you are
too cold 10 move, decorate your rooms
with stoves. and then sue the landlord
for extra cost. But if you are content
10 remain in an apartment swept by
arctic breezes in the good old winter
time don't sue the landlord To recover
money spent ON doctors and cough
syrup because y0uH lose.
Sheds Some Light.
The appellate division found It neces-
sary TO shed a little light on the sub
ject, owing 60 the persistency of Law
renee :. Jackson in trying to prove
that Carolina T. Palermo. his former
landlady, had collected so a month for
an alleged refrigerator i'm which he
lived with his wife and children during
the winter Of 1906 That year Jackson
occupied an apartment in the La
Nalenciennes Building. 4o4 West 10th
street.
He alleges that, from November until
March, the temperature in his rooms
never got far from the freezing point.
and he was forced TO do a continuous
Marathon while indoors. in order TO
keep warm, Mrs. Palermo denied this,
and alleges that there was no attempt
to economic on the heat At any rate
they have both made it hot enough for
each other for a year OF more.
Stays for a Year.
Jackson lived there for a year. and
when he departed he began an action
to recover $3.50, alleging in his complaint
that lie had been damaged 10 that eX-
tent lie won out in the municipal
court, the appellate term reversed him:
and nov the appellate division has af-
tirmed the finding Of the court u
lower in jurisdiction. Mrs. Pateruo has
been successful up to the present time,
but il is altogether likely that the court
OF appeals will get a chance 10 listen
10 the troubles Of the cold tenant and
the hot landlord.
Joseph Pat rho, president of Palermo
Bros, contractors and builders. was
particularly Joyous when informed that
the case had been decided in his moth
ers favor He said that Jackson was
an unreasonable tenant
81 built the La VaIenCiennes apart
ments, and gave the buildings TO my
mother, said PateTnO. Il have more
than 100 tenants in my houses around
this neighbOrhCOdi and Jackson was the
nrst one 10 make complaint about lack
of heat.
Is it so that he had his ears frozen
In bed one nlght2
Wears 0vershoes in House.
He told his friends that he had TO go
out on Riverside drive 10 get warm.
and that he wore overshoes in the
house. At the first trial OF the case I
marched score of my tenants in court
10 refute his testimony, but the judge
wouldn't let them testify. 1 haven't got
a cold apartment on my list They're
all hot.
I've fought this case for the prin-
ciple involved explained Jackson. 1t
was q dreadful cold winter, and we kept
a daily record OF the temperature in
each room. On the most severe days
the mercury never got above the forty
five degree mark"
Did any of the other tenants com
plain Of the cOldg'
Il can only speak for myself, but I
did hear that an Organist who had
rooms in the house had his hands ana
feet frost bitten. He was forced 20
give mp his job and take lessons on the
mouth organ"
Parts of Decision.
Here is the most interesting part OF
the decision.
IF the tenant had found, before TAX
ing possession, that the neat was in
sufficient, he would have been justified
in refusing to occupy the apartment,
and could have defended an action TO
compel him to pay rent on the ground
that the landlord had never furnished
him with such an apartment as con-
templated by the lease. He could also
defend for surendering the apartment
plaintiff, however, retained. possess
and for the mere discomfort which re-
suited there was no cause for action
The defendant offered some evidence to
show that the apartment could have been
heated by gas heaters al an expense not
exceeding s. per month; but as the ten
ant made no attempt to supply this
deficiency of heat, and was therefore,
nut 10 no expense, he was not entitled
to recover"