Jacobs v. Morand
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendant, rendered by the Municipal Court of the city of New York, twelfth district, borough of Manhattan.
1Opinion of the CourtGiegerich, J.
The action was brought to recover the sum of fifty dollars alleged to be due as rent for the month of November, 1907, for an apartment occupied by the defendant under a lease from the plaintiff.
On behalf of the defendant evidence was given that the apartment, including the beds and closets and all the rooms, was overrun with water-bugs and bedbugs.
The complaint was dismissed with costs and the judgment is sought to be supported on the ground that the presence of the vermin constituted a constructive eviction. The apartment in suit was not under the control of the plaintiff, and no evidence…
2Cases cited2 opinions
- Franklin v. . BrownNew York Court of Appeals · 1889
- Sherman v. LudinAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by13 opinions
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913
- Batterman v. LevensonAppellate Terms of the Supreme Court of New York · 1917
- Delamater v. ForemanSupreme Court of Minnesota · 1931
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
- Buckner v. AzulaiAppellate Division of the Superior Court of California · 1967
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