Legal Opinion

Bartindale v. Adams

Appellate Terms of the Supreme Court of New York

Decided June 21, 1912Published

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Walter H. Bartindale against Cushing Adams. From a judgment for plaintiff, after a trial by the court without a jury, defendant appeals.

1Per curiam

The plaintiff sues for rent of a furnished house leased for immediate occupancy for a term of five months. One of the defenses urged by the defendant is that the house was untenantable by reason of the presence of vermin. The learned trial justice in a careful opinion held that this defense was not made out, because there was no implied covenant that the demised premises are suitable or fit for occupation. This court has decided, in the case of Morgenthau v. Ehrich, 136 N. Y. Supp. 140 (this term), that under the circumstances shown in this case there is such an implied covenant

Judgment…

2Cases cited1 opinion

  1. Morgenthau v. EhrichAppellate Terms of the Supreme Court of New York · 1912

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