Franklin v. Brown
The Superior Court of New York City
Appeal by defendant from judgment entered upon the report of a referee. Action to recover rent for three months, claimed to be due plaintiff by defendant, according to the terms of a written lease, of the dwelling-house, No. 6 West 17th Street, in this city'. The defendant admitted the living in and occupation of the house as stated in the complaint, but alleged as a counter-claim that by reason of the existence of noxious gases and stench in and pervading the house, she…
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Appeal by defendant from judgment entered upon the report of a referee. Action to recover rent for three months, claimed to be due plaintiff by defendant, according to the terms of a written lease, of the dwelling-house, No. 6 West 17th Street, in this city'. The defendant admitted the living in and occupation of the house as stated in the complaint, but alleged as a counter-claim that by reason of the existence of noxious gases and stench in and pervading the house, she became so ill that she was obliged to leave it, and to incur various medical and other expenses necessary to her cure,…
1Opinion of the Court
By the Court.
O’Gorman, J.
(After stating the facts as above.)-—There is sufficient evidence to sustain these findings of fact, and the only question of law which arises, is whether or no there was any implied covenant on the part of the lessor, plaintiff, that the house was fit for habitation as a dwelling-house, or whether any duty existed on his part towards the plaintiff, from the breach *479of which she incurred damages, which she was legally entitled to charge against him as a counter-claim in this action.
This question has, from time to time, been the subject of contention in the courts, both…
2Cases cited6 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Cesar v. . KarutzNew York Court of Appeals · 1875
- Chadwick v. WoodwardCity of New York Municipal Court · 1883
- Meeks v. BowermanNew York Court of Common Pleas · 1860
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