Lathers v. Coates
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Eleventh District Court, in favor of the defendant, in an action for three months’ rent of an apartment in the house Ho. 324 West Fifty-seventh street, in this city.
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Appeal by the plaintiff from a judgment of the Eleventh District Court, in favor of the defendant, in an action for three months’ rent of an apartment in the house Ho. 324 West Fifty-seventh street, in this city. The months sued for are March, April and May, 1896. The lease of the premises is dated September 9, 1895,. and is for the term of one year from October 1, 1895, The answer sets up as defense that the defendant was induced to lease the flat by false representations as to the sanitary condition of the plumbing; that the plaintiff negligently permitted the premises to become…
1Opinion of the CourtDaly, P. J.
The justice found that the proof clearly established the presence, for a considerable period, of foul and offensive smells and odors in the defendant’s premises, and in the halls of the building in- question, which were a menace to the health and comfort of the defendant and his family, and justified him in abandoning the premises; that the extent of these nuisances was admitted by the plaintiff’s own witnesses; that they seriously inter*232fered with the beneficial enjoyment of the premises, and could have been easily cured by the plaintiff by the application of proper remedies, which he did not…
2Cases cited5 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Sully v. . SchmittNew York Court of Appeals · 1895
- Ryan v. JonesNew York Court of Common Pleas · 1892
- Tallman v. EarleNew York Court of Common Pleas · 1893
- Lansing v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by9 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Barash v. Pennsylvania Terminal Real Estate Corp.New York Court of Appeals · 1970
- Leech v. HusbandsSuperior Court of Delaware · 1930
- 308 East 79 Street Corp. v. FavoriteSupreme Court of Florida · 1933
- Manhattan Mansions v. Moe's PizzaCivil Court of the City of New York · 1990
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