Diehl v. Watson
Appellate Division of the Supreme Court of the State of New York
Appeal -by the defendant, J. Peregraine Watson, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff.
1Opinion of the Court
Jenks, J.:
The action is for rent of an apartment, and the defense is constructive, eviction. The case of the tenant is that he went into possession under a lease in October; that he and the members of his family soon noticed a disagreeable odor at certain times when the windows of his apartment were open, which they first attributed to :a leak of illuminating gas, but when the gas pipe, after long delay, was repaired, the odor continued, and that members of the family suffered from sore throat. In April the tenant moved out.
The judgment for the landlord must be affirmed, for two reasons:…
2Cases cited4 opinions
- Sully v. . SchmittNew York Court of Appeals · 1895
- M.L. Ins. Co. v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
- Mallory v. PerkinsThe Superior Court of New York City · 1862
- Evers v. WeilNew York Supreme Court · 1891
3Cited by3 opinions
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Finkelstein v. LevinsonCivil Court of the City of New York · 1973
- Wilkes-Barre Realty Co. v. LevyAppellate Terms of the Supreme Court of New York · 1909