White v. Thurber
New York Supreme Court
Action was brought for damages for an alleged wrongful entry on premises owned by defendant and occupied by plaintiff under lease. The entry was made in pursuance of a notice served on defendant by the department of buildings of the city of Brooklyn to repair a building. Appeal from a judgment dismissing the complaint.
1Opinion of the CourtPratt, J.
The covenant of quiet enjoyment was not broken by the landlord’s entering upon the premises to make needful repairs. That covenant is directed to an eviction by title superior to that of the landlord, and is not *120violated by an unlawful trespass. But in this case the-entry was not unlawful. It was in obedience to a high duty owed to society, viz., to keep the building in repair, that it would not injure people by its fall. The refusal of the tenant to permit the repairs to be made does not affect the legal right. It was proven, without dispute, that the landlord acted upon the requirement and…
2Cases cited42 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Myers v. . BurnsNew York Court of Appeals · 1866
- Witty v. . MatthewsNew York Court of Appeals · 1873
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