Gans v. Hughes

In Gans v. Hughes, 14 N.Y.S. 930 (Civ. Ct. Kings Co. 1891) where the tenant leased the ground floor and part of a cellar to use as a bakery. With the landlord's consent, the tenant at his own expense connected the water pipes from a portion of the cellar that was not leased by the tenant. Some years later, the landlord disconnected the water supply to the bakery. The right to use the water connection was not part of the demised premises. However, the court held as follows: When premises are leased for an expressed purpose, everything necessary to the use and enjoyment of the demised premises for such expressed purpose must be implied where it is not expressed in the lease. . It follows, therefore, that when plaintiff leased the premises in question "to be used as a bakery" he acquired also such accompaniments and appurtenances as usually belong to and were necessary to enable him to carry on the bakery business. (Id., at p. 931).