Berlinger v. Macdonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dwight Macdonald, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 3d day of December, 1910, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 3d day of January, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiffs are the owners of an apartment house and bring this action to recover rent from January 1 to July 1, 1910, alleged to be due for an apartment therein. The answer sets up a defense of constructive eviction due to plaintiffs’ failure to furnish sufficient heat to render the apartment habitable. The lease was in writing and was for a term of one year from October 1, 1909. The rent stipulated to be paid was $100 per month, payable in advance on the first day of each month. There was no provision in the lease with reference to heating the apartment or maintaining any…
2Cases cited3 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Jackson v. PaternoAppellate Division of the Supreme Court of the State of New York · 1908
- Martens v. SloaneAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by12 opinions
- Veysey v. MoriyamaCalifornia Supreme Court · 1921
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913
- Columbus Spa, Inc. v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Northwestern Realty Co. v. HardyWisconsin Supreme Court · 1915
- Key v. SwansonSupreme Court of Oklahoma · 1925
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