Kent v. Ward
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of' Manhattan; Fifth District. Action by Sarah F. Kent against Henry C. Ward. From a Municipal Court judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtMacLEAN, J.
In her action to recover for rent for the last six months of the term of the lease between herself and the defendant herein, the plaintiff recovered judgment, notwithstanding the attempted defenses of eviction, untenantability, surrender, and acceptance. Cognizant of the location of a restaurant directly beneath the apartment leased by him, even prior to the execution of the lease, the defendant might not well complain of the noisome odors or music, and charge responsibility to his landlord, instead of to the offending tenant (Sefton v. Juilliard, 46 Misc. Rep. 68, 91 N. Y. Supp. 348); nor,…
2Cases cited6 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Cheesebrough v. LieberAppellate Terms of the Supreme Court of New York · 1896
- Butler v. CarilloAppellate Terms of the Supreme Court of New York · 1904
- Sefton v. JuilliardAppellate Terms of the Supreme Court of New York · 1904
- Floyd-Jones v. SchaanAppellate Terms of the Supreme Court of New York · 1908
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3Cited by2 opinions
- Griffin v. FreebornMissouri Court of Appeals · 1914
- Tham v. CarrollAppellate Division of the Supreme Court of the State of New York · 1911