Legal Opinion
Jackson v. Westminster House Owners Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2005PublishedCited by 16 opinions
1Opinion of the Court
*250Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered May 18, 2005, after a nonjury trial, dismissing the complaint and granting defendants’ counterclaim for attorneys’ fees, unanimously affirmed, with costs.
To make out a prima facie case of breach of the covenant of quiet enjoyment, a tenant must establish that the landlord’s conduct substantially and materially deprived the tenant of the beneficial use and enjoyment of the premises (see Barash v Pennsylvania Term. Real Estate Corp., 26 NY2d 77, 82-83 [1970]). There must be an actual ouster, either total or partial, or if…
2Cases cited4 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Two Rector Street Corp. v. BeinAppellate Division of the Supreme Court of the State of New York · 1929
- Laecca v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2004
- Winston Churchill Owners Corp. v. Churchill Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by16 opinions
- Carey & Associates LLC v. 521 Fifth Avenue Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Gettinger Associates, L.P. v. Abraham Kamber Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Parker v. MarglinAppellate Division of the Supreme Court of the State of New York · 2008
- ZMoore, Ltd. v. Kingman Management LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Cameron v. Aurora Associates, L.P.Appellate Terms of the Supreme Court of New York · 2009
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