Wagner v. Van Schaick Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Wagner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of January, 1914, upon the decision of the court after a trial before the court at the New York Trial Term, a jury having been waived.
1Dissent
Hotchkiss, J. (dissenting):
If the following propositions are not conceded by my brethren, nevertheless I believe them to be sustained by ample authority, (1) that the lease from defendant to plaintiff’s assignor implied a covenant of quiet enjoyment (Boreel v. Lawton, 90 N. Y. 293; Mack v. Patchin, 42 id. 167); and (2) that inasmuch as the lease was not made subject to the mortgage then a lien upon the premises, the failure on defendant’s part to disclose the existence of such mortgage evidenced a degree of bad faith sufficient to entitle the lessee (plaintiff’s assignor) to recover…
2Cases cited6 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Mygatt v. . CoeNew York Court of Appeals · 1894
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881
- Marsh v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1908
- Marsh v. . JohnstonNew York Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.