Seaboard Realty Co. v. Fuller
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city cf Hew York, third district, borough of Manhattan.
1Opinion of the CourtO’Gorman, J.
The defense of constructive eviction is abso-
lutely without evidence to support it. A tenant in an apartment-*110house is not at liberty to abandon his apartment, and cancel his liability under a lease, because his nervous sensibilities may be excited or his rest disturbed by the noise and prattle of children in another apartment in the same building. Leases would not be worth the paper upon which they are written, if the engagements of parties could be set at naught upon such slight and trivial pretexts. To constitute a constructive eviction, there must be an intentional and injurious…
2Cases cited3 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Copeland v. LuttgenAppellate Terms of the Supreme Court of New York · 1896
- Majestic Hotel Co. v. EyreAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by25 opinions
- Goodwin v. Upper Crust of Wyoming, Inc.Wyoming Supreme Court · 1981
- Bromberger v. Empire Flashlight Co.New York Supreme Court · 1930
- Paterson v. BridgesAlabama Court of Appeals · 1917
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
- Campbell v. Poland Spring Co.Appellate Division of the Supreme Court of the State of New York · 1921
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