Ireland v. Hyde
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan. Action for rent.
1Opinion of the CourtLeventritt, J.
This judgment must be affirmed. All but one of the questions argued by the appellant are disposed of by the finding of fact of the justice below. The action was for three months’ rent under a monthly tenancy at a stipulated rental. The defense was that as a result of a fire, access to the premises- occupied by the defendants was made difficult, seriously interfering with the conduct of their business, and that as a consideration of their remaining in the premises after suitable repairs had been made it was agreed that the rent for the month in which the fire occurred should be apportioned,…
2Cases cited2 opinions
- Davidson v. BlumorNew York Court of Common Pleas · 1877
- Fleming v. RyanNew York Court of Common Pleas · 1894
3Cited by3 opinions
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1912
- Schulte Real Estate Co. v. FrankfortCity of New York Municipal Court · 1933
- Lillian Realty Co. v. ErdurmAppellate Terms of the Supreme Court of New York · 1910