Tallman v. . Murphy
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 1, 1887, which affirmed a judgment in favor of defendant entered upon a verdict. This action was to recover three months’ rent for apartments in a building No. 29 West Fifty-seventh street, in New York city, known as “ The Soncey.”
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 1, 1887, which affirmed a judgment in favor of defendant entered upon a verdict. This action was to recover three months’ rent for apartments in a building No. 29 West Fifty-seventh street, in New York city, known as “ The Soncey.” The defense was first, an eviction; second, that the building was so injured as to be untenantable and unfit for occupancy, and that the defendant, therefore, quit and surrendered the demised premises pursuant to chapter 345; Laws of 1860.…
1Opinion of the CourtBbowe, J.
When the defendant rested his case and again at the close of the testimony there was a motion that the court direct a verdict for the plaintiff, which was derned and an exception taken by the plaintiff.
The court instructed the jury that the evidence on the part of defendant was sufficient, if believed by them, to sustain the claim of eviction, and that it would also justify a finding that the defendant was warranted in abandoning the premises under the statute of 1860 (Chap. 345), and in such case he would not be liable for the rent.
The facts of the case which the jury may be assumed to have…
2Cases cited5 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Vann v. . RouseNew York Court of Appeals · 1884
- Gilhooley v. . WashingtonNew York Court of Appeals · 1850
- Alger v. KennedySupreme Court of Vermont · 1876
3Cited by76 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
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