Legal Opinion
Grattan v. P. J. Tierney Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1929PublishedCited by 13 opinions
1Opinion of the Court
Order denying defendant’s motion to dismiss complaint reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff, if so advised, to plead over within ten days. There are no allegations of fact constituting either actual or constructive eviction and one or the other is indispensable to a good complaint for damages for breach of covenant of quiet enjoyment. (Matter of O’Donnell, 240 N. Y. 99, 104; Scriver v. Smith, 100 id. 471; Home Life Ins. Co. v. Sherman, 46 id. 370, 372.) The issuance of the warrant in…
2Cases cited1 opinion
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
3Cited by13 opinions
- Whitmarsh v. FarnellNew York Court of Appeals · 1949
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
- Whitmarsh v. FarnellAppellate Division of the Supreme Court of the State of New York · 1948
- Dance Magic, Inc. v. Pike Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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