Lindwall v. May
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Otto Lindwall, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 25th day of November, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Tidal Term.
1Opinion of the Court
Jenks, J.:
This is an action for damages by lessee against lessors, based upon an eviction in violation. of an express covenant in the lease for quiet enjoyment. During the .term third parties as Owners of adjacent land made excavations^ thereon, for rebuilding-, and the. building demised became Unsafe,- part fell, and the structure, very soon was., destroyed’ for the public safety by or under the orders of the city authorities, ■
The plaintiff was dismissed at the close of his, case, not for failure of proof, hut expressly upon an authority that I think was not controlling. If the plaintiff…
2Cases cited8 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Steefel v. . RothschildNew York Court of Appeals · 1904
- Kansas Investment Co. v. CarterMassachusetts Supreme Judicial Court · 1894
- Sherwood v. SeamanThe Superior Court of New York City · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Cherberg v. Peoples National BankCourt of Appeals of Washington · 1976
- Dolman v. United States Trust Co.New York Supreme Court · 1954
- Goldring v. KlineNevada Supreme Court · 1955
- Ripps v. KlineNevada Supreme Court · 1954
6 more not listed; retrieve them via the Exa API.