118 East Fifty-Fourth Street Co. v. Lawlor
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by 118 East Fifty-Fourth Street Company against Lillie Lawlor. From a judgment in favor of the plaintiff in the City Court of the City of New York entered upon a directed verdict, defendant appeals. Reversed, and new trial granted.
1Opinion of the CourtBijur, J.
Plaintiff sued for rent of an apartment after March, 1914. Defendant pleaded a constructive eviction. The testimony was to the effect that during the entire time of occupancy, from September, 1913, to March, 1914, the paper and decorations on the walls of the living room (parlor) and defendant’s bedroom kept peeling off and becoming discolored. Serious dampness showed on the walls; indeed, they were practically wet and mold developed on the walls behind the pictures. The landlord kept constantly promising to remedy the defect and made efforts to do so, which were unavailing. There was also a…
2Cases cited3 opinions
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900
- Graecen v. BarkerAppellate Terms of the Supreme Court of New York · 1911
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900