Butler v. Newhouse
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Jacob D. Butler against Oscar B. Newhouse. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBlanchard, J.
This action was brought to recover rent upon a written lease of an apartment in an apartment house owned by the plaintiff. The lease was for two years from October 1, 1902, and the rent for which this action was brought was for six months beginning *374October, 1902. The defendant, among other defenses, set up a constructive eviction, claiming that the plaintiff’s failure to supply heat rendered the premises so untenantable and uninhabitable as to make it necessary for him to remove therefrom. It was agreed that the defendants should have the affirmative upon the trial, and, it being conceded by…
2Cases cited3 opinions
- Hall v. IrvinAppellate Division of the Supreme Court of the State of New York · 1903
- O'Gorman v. HarbyAppellate Terms of the Supreme Court of New York · 1896
- Hall v. IrwinAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Russell v. OlsonNorth Dakota Supreme Court · 1911
- Siebold v. HeymanAppellate Terms of the Supreme Court of New York · 1909
- Lloyd Construction Co. v. DudgeonAppellate Terms of the Supreme Court of New York · 1912