ESS EFF Realty Co. v. Buttenheim
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by the Ess Eff Realty Company against Henry Buttenheim. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiff sued to recover rent for the months of March and April under an alleged oral lease of a business loft for a term of ten months. Defendant moved out before the 1st day of March, claiming a lease from month to month. The answer sets up, among *402other defenses, a general denial and an affirmative defense of eviction. The testimony as to the nature of the letting is evenly balanced, without any documentary evidence to support it either way.
Defendant claims a constructive eviction, on the ground that the elevator broke down on two occasions, preventing him absolutely from using his loft.…
Also in this document: Concurrence.
2Cases cited2 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Lawrence v. KatcherCity of New York Municipal Court · 1909