Phyfe v. Dale
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Oourt of the city of Mew York, borough of Manhattan, fifth district, rendered in favor of the plaintiff, by direction of the court, and from an order denying a motion for a new trial.
1Opinion of the CourtSeabury, J.
This is an action to recover rent under a written lease. The answer admits the making of the lease and pleads a constructive eviction. The demised premises consisted of an apartment in an apartment-house in which the common halls, elevators and stairways were under the control of the plaintiff. The evidence shows that the tenants of other apartments conducted themselves in a noisy and indecent manner; and that, owing to this conduct, the defendant, his wife and two small children were kept awake until the late hours of the night; and that loud arguments and lewd conversations were heard…
2Cases cited1 opinion
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by3 opinions
- New York City Housing Authority v. JacksonCivil Court of the City of New York · 1968
- Hartenbauer v. BrumbaughAppellate Court of Illinois · 1920
- Trustees of the Sailors' Snug Harbor v. SugarmanAppellate Division of the Supreme Court of the State of New York · 1942