Duhain v. Mermod, Jaccard & King Jewelry Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1912, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1912, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The lease contains by implication a covenant of quiet enjoyment “ against paramount title and against such acts of the landlord as destroy the beneficial enjoyment of the lease.” (Jones on Landl. & Ten. § 349; Mayor v. Mabie, 13 N. Y. 151; Vernon v. Smith, 15 N.…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action for rent. In 1905, by a lease in writing, plaintiff let to the defendant a small store known as the Stoop Store, in the basement of the building No. 400 Fifth avenue, in the city of New York, for a term of four years, ten months and twenty days, ending on the first day of May, 1910, at a rent of $2,200 per annum for the first ten months and twenty days, and for the three remaining years of the term at a rent of $2,400 per annum. The defendant entered into possession and occupied the premises • during the entire term, but failed to pay the rent due…
2Cases cited2 opinions
- Christopher v. . AustinNew York Court of Appeals · 1854
- Gallup v. . Albany Railway CompanyNew York Court of Appeals · 1875
3Cited by7 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Great Atlantic & Pacific Tea Co. v. StateNew York Court of Appeals · 1968
- Forshaw v. HathawayAppellate Terms of the Supreme Court of New York · 1920
- Franklin Building Co. v. FinnAppellate Division of the Supreme Court of the State of New York · 1914
- Meinken v. LevinsonAppellate Division of the Supreme Court of the State of New York · 1933
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