Legal Opinion
Rockrose Associates v. Peters
Civil Court of the City of New York
Decided March 21, 1975PublishedCited by 4 opinions
1Opinion of the CourtNorman C. Ryp, J.
Can a psychotherapist, claiming constructive eviction and breach of quiet enjoyment, justifiably abandon an office lease, requiring soundproofing of common walls and door by landlord, who fails to do so for two to three months after final noise complaints and not until tenant actually removed or gave removal notice? Is ear or noise pollution of a psychotherapist (psychologist and social worker)patient confidential and privileged relationship valid grounds for a professional tenant’s termination of an office lease? These main questions of law and fact appear to be of first impression.
This is a…
2Cases cited18 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Tallman v. . MurphyNew York Court of Appeals · 1890
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Sully v. . SchmittNew York Court of Appeals · 1895
- Jackson v. RiveraCivil Court of the City of New York · 1971
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3Cited by4 opinions
- Blackett v. OlanoffMassachusetts Supreme Judicial Court · 1977
- Cohen v. WernerCivil Court of the City of New York · 1975
- Geller v. Mahsons Realty Corp.Civil Court of the City of New York · 1975
- Yochim v. McGrathYonkers City Court · 1995