Friedland v. . Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme •Court in the first judicial department, entered upon an order made July 7, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed 'an order denying a motion for a new trial. This action was brought to recover damages for breach of ;a covenant of quiet enjoyment in a lease of certain premises from defendant to plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme •Court in the first judicial department, entered upon an order made July 7, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed 'an order denying a motion for a new trial. This action was brought to recover damages for breach of ;a covenant of quiet enjoyment in a lease of certain premises from defendant to plaintiff. The facts, so far as material, are stated in the opinion. In the absence of an allegation of loss caused by a difference between the rent received .and the actual rental value, coupled…
1Opinion of the CourtMaynard, J.
By" a written instrument, dated August 26,, 1889, the defendant leased to the plaintiff the ground floor of" Flo. 26 Canal street, FTew York city, for five years, commencing May 1, 1890.
The plaintiff was a druggist, then doing business in the-vicinity, which he intended to dispose of and to re-establish. himself in the same business upon the premises leased of the-defendant. It was expressly stated that the building was to-be occupied by the plaintiff as a drug store, and there was; the usual covenant for quiet enjoyment. When the plaintiff sought to take possession on May 1st, he was kept…
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