Hall v. Irvin
Appellate Terms of the Supreme Court of New York
Appeal by the landlord from a final order made in the Municipal Court, second district, borough of Manhattan, in a summary proceeding taken for nonpayment of rent.
1Concurrence
Truax, J. (concurring).
In an action for rent, the defendant cannot set up as a defense a constructive-eviction while he remains in possession of the premises (Boreel v. Lawton, 90 N. Y. 247), but it is equally well-settled that a landlord cannot maintain an action for rent if the tenant is able to show an actual eviction from a portion of the premises (Sirey v. Braems, 65 App. Div. 472), that is, an actual eviction from a portion of the premises suspends a landlord’s right to maintain an action for rent during the actual eviction, and this actual eviction would, under section 2244 of the Code…
2Cases cited2 opinions
- Sirey v. BraemsAppellate Division of the Supreme Court of the State of New York · 1901
- Dodd v. . NeilsonNew York Court of Appeals · 1882