Barnum v. Fitzpatrick
United States District Court
Summary proceedings brought by Sarah E. Barnum and another to recover premises leased to John. Fitzpatrick for non-payment of rent. The tenant set up as a defense an entry upon the-premises by the landlord amounting to an eviction..
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Summary proceedings brought by Sarah E. Barnum and another to recover premises leased to John. Fitzpatrick for non-payment of rent. The tenant set up as a defense an entry upon the-premises by the landlord amounting to an eviction.. The landlord sought to justify the entry by showing that it was made in compliance with an order of the-building department to remove and alter unsafe buildings upon the premises, and claimed by the covenants-of the lease the tenant was bound to comply with th& orders of that department. Only a notice was shown to have been given by the-building department without…
1Opinion of the CourtGoldfogle, J.
The lease contained a covenant requiring tjie tenant to fulfill the ordinances of the city corporation, applicable to the property; the orders and requirements of the Board of Health and|the Police Department, for the correction, prevention or abatement of nuisances or grievances in or upon said premises. It is nowhere provided that the tenant shall comply with or execute any order or requirement of the Fire or Building Departments.
It does not appear by the proofs before me that, before the acts of alteration were begun, the premises were in a condition requiring the interference of the…
2Cases cited4 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Christopher v. . AustinNew York Court of Appeals · 1854
- Carter v. ByronNew York Supreme Court · 1888
3Cited by2 opinions
- Wurz v. WattsOneida County Court · 1911
- Palmieri v. AntinozziNew York Supreme Court · 1905