Floyd-Jones v. Schaan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Esther Schaan, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of March, 1908, reversing a judgment of the Municipal Court of the city of New York in favor of the defendant and directing a new trial.
1Opinion of the Court
McLaughlin, J.:
Defendant leased from plaintiff, for a period of one year, an apartment in the city of New York. The rent was payable monthly in advance. During the term of the lease the defendant vacated the premises and this action was brought to recover for three months’ rent. Payment was resisted upon the ground that without any fault or neglect on the part of the defendant the apartment leased became untenantable and unfit for occupation within the meaning of the statute (Laws of 1896, chap. 547, § 197). The action was brought in the Municipal Court, where the defendant had a verdict of…
2Cases cited6 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Meserole v. . HoytNew York Court of Appeals · 1899
- Edwards v. . McLeanNew York Court of Appeals · 1890
- Meserole v. SinnAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
- Barnard Realty Co. v. BonwitAppellate Terms of the Supreme Court of New York · 1912
- Mayourian v. TanakaAppellate Terms of the Supreme Court of New York · 2001
- Younger v. CampbellCity of New York Municipal Court · 1916