Legal Opinion
Dave Herstein Co. v. Columbia Pictures Corp.
New York Court of Appeals
Decided March 27, 1958PublishedCited by 39 opinions
1Opinion of the CourtBueke, J.
The sole question presented on this appeal is whether a tenant may maintain an action for damages for breach of the covenant of quiet enjoyment where he has failed to perform conditions upon which the covenant is predicated.
In the present case, alterations in the building where plaintiff was a statutory tenant were commenced in July, 1955. From July until the end of October, while these alterations were going on, plaintiff did not abandon the premises. Hence there was no constructive eviction, and no basis for an action for breach of the covenant of quiet enjoyment.
*120In November, 1955, rent…
2Cases cited17 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Phoenix Garden Restaurant, Inc. v. ChuAppellate Division of the Supreme Court of the State of New York · 1997
- Grammer v. TuritsAppellate Division of the Supreme Court of the State of New York · 2000
- Dinicu v. Groff Studios Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Caldwell v. American Package Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Reade v. Reva Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2006
34 more not listed; retrieve them via the Exa API.