Barnard Realty Co. v. Bonwit
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, seventh district, setting aside a. verdict of a jury rendered in favor of the defendant and ordering a new trial.
1Opinion of the CourtLehman, J.
The plaintiff sues .for rent. The defense is constructive eviction. The jury found for the defendant. The trial justice set ¿side the verdict in an opinion which relies mainly on the-case of Jacobs v. Morand, 59 Misc. Rep. 200. The verdict having been set aside as contrary to law, we are justified in considering the jury’s verdict as establishing all contested questions of fact in favor of the defendant. These' facts are that defendant rented an apartment from plaintiff. Shortly thereafter noises as of scampering rats *465were heard in the walls and ceilings. These noises were sufficient to…
Also in this document: Concurrence.
2Cases cited3 opinions
- Jacobs v. MorandAppellate Terms of the Supreme Court of New York · 1908
- Floyd-Jones v. SchaanAppellate Division of the Supreme Court of the State of New York · 1908
- Madden v. BullockAppellate Terms of the Supreme Court of New York · 1909
3Cited by2 opinions
- Batterman v. LevensonAppellate Terms of the Supreme Court of New York · 1917
- Mayourian v. TanakaAppellate Terms of the Supreme Court of New York · 2001