Lawrence v. Edwin A. Denham Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Lee G. Lawrence and another, as trustees, against the Edwin A. Denham Company. From two final orders in summary proceedings in favor of plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtGildersleeve, P. J.
The. evidence upon this trial does not differ materially from that given upon the former trial. See 58 Mise. Rep. 543, 109 N. Y. Supp. 753.
The plaintiffs’ attorney fails to distinguish between an actual partial eviction of a portion of demised premises and a constructive eviction thereof. In the case of an actual partial eviction, the payment of rent is suspended during such eviction. An actual eviction consists in the deprivation by the landlord of the tenant of the whole or some portion of the demised premises, and where there has been an actual eviction from a part of the demised premises…
2Cases cited3 opinions
- Lewis v. PaynNew York Supreme Court · 1830
- Seigel v. NearyAppellate Terms of the Supreme Court of New York · 1902
- Carter v. ByronNew York Supreme Court · 1888
3Cited by1 opinion
- American Tract Society v. JonesAppellate Terms of the Supreme Court of New York · 1912