Legal Opinion
Meltzer v. Lincoln Square Apartments Section V
Civil Court of the City of New York
Decided April 24, 1987PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lane, J.
Defendant seeks to strike plaintiff’s jury demand pursuant to a lease waiver. As a result of the joinder of causes of action in plaintiff’s complaint, this usually routine motion raises an issue of apparent first impression.
Plaintiff has sued herein for breach of the covenant of quiet enjoyment in her lease and also for the prima facie tort of intentional infliction of mental distress. Both causes of action are premised on the same facts — the continued emanation of *316loud noises from a control valve and from an elevator malfunctioning. The first cause of…
2Cases cited7 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Trepuk v. FrankAppellate Division of the Supreme Court of the State of New York · 1984
- Fleischer v. Institute for Research in HypnosisAppellate Division of the Supreme Court of the State of New York · 1977
- Tanenbaum v. Anchor Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
- International Playtex, Inc. v. CIS Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jossel v. FilicoriNew York Supreme Court · 1989