Majestic Hotel Co. v. Eyre
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Eyre, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of December, 1899, upon the report of a referee.
1Opinion of the Court
Hatch, J.:
This is an action for rent of certain apartments in the Hotel Majestic under a letting for a year. The defendant interposes as a defense that the premises became uninhabitable by reason of tile breaking out of an epidemic of scarlet fever. It was not claimed *274that the- plaintiff by any act which it did caused the fever to break out or that by reason of it the apartments became physically uninhabitable. In fact, so far as physical surroundings were concerned, the apartments were as habitable when the defendant voluntarily vacated them as when they were leased. It is also clear that…
2Cases cited5 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Sully v. . SchmittNew York Court of Appeals · 1895
- Meserole v. . HoytNew York Court of Appeals · 1899
- Meserole v. SinnAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Floyd-Jones v. SchaanAppellate Division of the Supreme Court of the State of New York · 1908
- Mayourian v. TanakaAppellate Terms of the Supreme Court of New York · 2001