Legal Opinion
Graecen v. Barker
Appellate Terms of the Supreme Court of New York
Decided June 29, 1911PublishedCited by 6 opinions
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Thomas 35. Graecen against Ellen T. Barker. Erom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBijur, J.
Plaintiff sued the defendant tenant for the balance of unpaid rent of an apartment. The defense was constructive eviction by reason of alleged unendurable noises due to defective water pipes. Defendant entered into occupation of the premises early in November, 1909, and abandoned them on March 9, 1910. In rendering his decision the learned trial judge said:
"I am of the opinion that the retention of the premises for such a period after the observation of the annoyance was a confirmation of the tenancy, and must be treated as an election by the tenant to perform the covenants of the lease and…
2Cases cited4 opinions
- Krausi v. FifeAppellate Division of the Supreme Court of the State of New York · 1907
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900
- O'Gorman v. HarbyAppellate Terms of the Supreme Court of New York · 1896
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- Johansen v. Arizona Hotel, Inc.Arizona Supreme Court · 1930
- Davies, Turner & Co. v. SchatzenAppellate Terms of the Supreme Court of New York · 1924
- Dunton v. SweetMichigan Supreme Court · 1920
- Esarsee, Inc. v. HollandAppellate Division of the Supreme Court of the State of New York · 1934
- One Hundred & Forty-two West Fifty-seventh Street Co. v. TrowbridgeNew York Supreme Court · 1914
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