Coope v. Kollstade
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendant, rendered in the Municipal Court of the city of Mew York, tenth district, borough of Manhattan.
1Per curiam
It is now well settled that a physical eviction is' not necessary to exonerate a tenant from the payment of rent, but such exoneration follows when the landlord’s acts, though not amounting to a physical expulsion, are of so pronounced and offensive character as to create a nuisance, which, by preventing the reasonable use by the tenant of the premises, affects directly the consideration of the contract between the landlord and the tenant. Sully v. Schmitt, 147 N. Y. 248. To the same effect is Home Life Ins. Co. v. Sherman, 46 N. Y. 372, in which calse it was held that any interference on the…
2Cases cited2 opinions
- Sully v. . SchmittNew York Court of Appeals · 1895
- McLaughlin v. BohmAppellate Terms of the Supreme Court of New York · 1897