Fifth Avenue Building Co. v. . Kernochan
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1917, which affirmed an order of Special Term overruling a demurrer to the answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1917, which affirmed an order of Special Term overruling a demurrer to the answer. The following questions were certified: “1. Is there an implied covenant for quiet enjoyment in the lease set forth in the pleadings in this action? 2. Are the defenses and counterclaims in the- defendant’s answer sufficient in law upon the face thereof? ” The nature of the action and the facts, so far as material, are stated in the opinion. No covenant for quiet enjoyment can be…
1Opinion of the CourtCardozo, J.
The action is for rent. The plaintiff leased to the defendant’s testator part of the first floor and basement of the Fifth Avenue Building in the city of New York. By the terms of the lease, the basement included a vault beneath the sidewalk. This vault was in fact maintained under a revocable license from the city of New York. During the term of th e lease, the city revoked the license, and excluded the tenant, at first from the whole vault, and later from part of it. The rent in suit accrued during the period of exclusion. The defense is a partial eviction with a demand that the rent abate…
2Cases cited18 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Mack v. . PatchinNew York Court of Appeals · 1870
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Hale v. State Bd. of Assessment and ReviewSupreme Court of the United States · 1937
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Great Atlantic & Pacific Tea Co. v. StateNew York Court of Appeals · 1968
- Two Rector Street Corp. v. BeinAppellate Division of the Supreme Court of the State of New York · 1929
69 more not listed; retrieve them via the Exa API.