O'Gorman v. Harby
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the justice of the Eighth District Court, in plaintiff’s favor, in an action for the rent. of the premises in an. apartment-house for January and February, the defense being the eviction by reason of plaintiff’s failure to supply the apartment with heat sufficient to make it fit for occupancy as a dwelling place, and to prevent the continuance of loud noises caused by steam pipes in the building.
1Opinion of the CourtDaly, P. J.
This is an action for the rent of rooms in the apartment-house, No. 25 West Eighty-fourth street, for the months of January and February, payable in advance. The tenant moved out in the first week in January, and resists payment of the rent, and counterclaimed damages on the ground that he was deprived of the beneficial use and enjoyment of the premises, by the failure of the landlord to furnish the steam heat, which the tenant was to receive, and that they thereby became untenantable.
The defense was made out by the evidence, for it appears that owing to a defect in the heating arrangements,…
2Cases cited4 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Giles v. . ComstockNew York Court of Appeals · 1850
- Denison v. FordNew York Court of Common Pleas · 1878
- Lansing v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by12 opinions
- Lynder v. SS Kresge CompanyMichigan Supreme Court · 1951
- Russell v. OlsonNorth Dakota Supreme Court · 1911
- Graecen v. BarkerAppellate Terms of the Supreme Court of New York · 1911
- Northwestern Realty Co. v. HardyWisconsin Supreme Court · 1915
- Siebold v. HeymanAppellate Terms of the Supreme Court of New York · 1909
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