Legal Opinion

Gale v. Heckman

Appellate Terms of the Supreme Court of New York

Decided March 15, 1896PublishedCited by 2 opinions

Appeal from a judgment of the District Court in. the city of Hew York for the.First Judicial District, rendered by the justice, in an action tried without a jury,;in the defendant’s favor. Action by the. lessor against the lessee of an apartment dwelling to recover a monthly installment'of the rent. • The defense litigated was that of constructive eviction and abandonment of the'premises.

1Opinion of the CourtBischoff, J.

To an action for rent upon . an instrument in writing whereby the plaintiff had let to the defendant “ the ■apartment designated as number 29, containing five rooms and bath, in- the second story of the building known as ‘ The Hotel San Remo,’” for one year from October- 1, 1894, at'$1,200, payable in egual monthly installments, .on the first day of each month during the term,- the defendant pleaded eviction.

The parties had bound themselves, the lessor to supply “ heat, light and chamber service” for the demised apartment, and. the lessee to use such apartment as a private dwelling only, and…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Tallman v. . MurphyNew York Court of Appeals · 1890
  2. Huttemeier v. . AlbroNew York Court of Appeals · 1858
  3. Mott v. . PalmerNew York Court of Appeals · 1848
  4. Ogden v. . JenningsNew York Court of Appeals · 1875
  5. Griffiths v. . MorrisonNew York Court of Appeals · 1887

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Jemo v. Tourist Hotel Co.Washington Supreme Court · 1909
  2. Horne v. Hempstead & Oyster Bay Water Co.New York Supreme Court · 1931

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