Floyd-Jones v. Schaan
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Edward P. Eloyd-Jones against Esther Schaan. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtBischoff, J.
In my opinion, no defense was presented to the landlord’s claim for rent. The interference with the tenant’s enjoyment of the demised premises by the operation of the adjacent electric light plant was an injury to the possession, of a temporary and preventible nature, caused neither by the landlord nor by any person in privity with him, and redressible at the instance of the tenant. Bly v. Edison El. Co., 173 N. Y. 1, 64 N. E. 745, 58 L. R. A. 500. As I construe the statute (section 197 of the Real Property Law, Laws 1896, p. 589, c. 547), it has reference only to cases of actual physical…
2Cases cited2 opinions
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
3Cited by2 opinions
- Kent v. WardAppellate Terms of the Supreme Court of New York · 1908
- Wilkes-Barre Realty Co. v. LevyAppellate Terms of the Supreme Court of New York · 1909