White v. Thurber
New York Supreme Court
Appeal from special term, Kings county. Action by John J. White against Horace K. Thurber for damages for an alleged wrongful entry on premises owned by defendant and occupied by plaintiff under lease. The entry was made by defendant, in pursuance of a notice served on him by the department of buildings of the city of Brooklyn, to repair a building. The complaint was dismissed, and plaintiff appeals.
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 violated 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…
2Cited by9 opinions
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- Campbell v. PorterAppellate Division of the Supreme Court of the State of New York · 1899
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