Boreel v. . Lawton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 6,1881, which affirmed a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to defendant’s answer. This action was brought upon a lease under seal, for a term of three years, of certain office-rooms in a building in 3STew York city.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 6,1881, which affirmed a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to defendant’s answer. This action was brought upon a lease under seal, for a term of three years, of certain office-rooms in a building in 3STew York city. The complaint alleged the occupancy by defendant for the whole of the term, and a default in the payment of the rent for the last half year. The substance of the answer is set forth in the opinion. The defendant is…
1Opinion of the Court
Andrews, Ch. J.
The substance of the defense set up in the answer, is that the lessor permitted the rooms above those leased to the defendant to be used and occupied by persons who carried on a noisy business, using therein printing presses, and also weights and substances which were thrown down upon the floor immediately over the defendant’s rooms, causing great noise and disturbance, thereby interfering with the defendant’s use, occupation and possession of Ms rooms, and preventing Mm from carrying on Ms professional business therein, and preventing clients from consulting him, etc. It is…
2Cases cited5 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Whitbeck v. CookNew York Supreme Court · 1818
- Lounsbery v. . SnyderNew York Court of Appeals · 1865
3Cited by94 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Keating v. SpringerIllinois Supreme Court · 1893
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
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