Butler v. Carillo
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Jacob Butler against Irene Carillo. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtMacLEAN, J.
When the plaintiff rested in his action for rent, a nonsuit would have been proper, for nonpayment was not established; but, the defendant proceeding, the plaintiff had right to rely upon the statement of the defendant that the rent sued for had not been paid. Bopp v. N. Y. Electric Vehicle Co., 78 App. Div. 337, 79 N. Y. Supp. 1035. Even assuming that the facts testified to were at one time sufficient to constitute a constructive eviction, for defense they were ineffectual, for “where the right to abandon premises exists the tenant must remove with reasonable promptitude after the…
2Cases cited3 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Bopp v. New York Electric Vehicle Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bopp v. New York Electric Vehicle Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Campbell v. Poland Spring Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Siebold v. HeymanAppellate Terms of the Supreme Court of New York · 1909
- Kent v. WardAppellate Terms of the Supreme Court of New York · 1908
- Stokes v. AvilaAppellate Terms of the Supreme Court of New York · 1916