Johnson v. Oppenheim
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs entered on a verdict. This action was brought to recover a quarter’s rent of certain premises, in the city of New York, leased by plaintiffs to defendants; also the city taxes which, by the lease, the tenants were to pay.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs entered on a verdict. This action was brought to recover a quarter’s rent of certain premises, in the city of New York, leased by plaintiffs to defendants; also the city taxes which, by the lease, the tenants were to pay. Defendants’ answer alleged that the premises had become untenantable by reason of excavations in the adjoining premises, and that, thereupon, they quit and surrendered the same; also the dispossession of defendants by summary proceedings for…
1Opinion of the CourtAllen, J.
The defendants claim exemption from the payment of rent, and the performance of the other covenants of their lease, under the provisions of chapter 345 of the Laws of 1860, which, as its title indicates, was designed to declaré the mutual rights and liabilities of owners and lessees, and of lessors and occupants of buildings upon a destruction thereof, or their becoming untenantable, in cases in which express provision should not be made by written agreement or covenant.
*285It is a remedial statute in this, that it relieves the tenant from the rigorous rule of the common law, which holds him to…
2Cases cited6 opinions
- Myers v. GemmelNew York Supreme Court · 1851
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Sperry v. . MillerNew York Court of Appeals · 1857
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- McKeon v. WhitneyCourt for the Trial of Impeachments and Correction of Errors · 1846
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