Madden v. Bullock
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eirst District. Action by James Madden against William Bullock. From a judgment for defendant, plaintiff appeals. Affirmed.
1Per curiam
The action is for rent of an apartment. The defense is a constructive eviction. The court found for defendant. Plaintiff appeals.
The evidence shows an almost intolerable condition, arising from loathsome stenches of dead and decaying rats, which plaintiff undertook unsuccessfully to remove, and made matters worse by tearing up and not replacing flooring, and by using" chloride of lime. The defendant was powerless to abate this peril to health. Such a condition cannot be called an inconvenience, nor was its source discoverable by ordinary inspection.
The judgment should be affirmed, with costs.
2Cited by4 opinions
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
- Ben Har Holding Corp. v. FoxCity of New York Municipal Court · 1933
- Barnard Realty Co. v. BonwitAppellate Terms of the Supreme Court of New York · 1912
- Madden v. BullochAppellate Division of the Supreme Court of the State of New York · 1909