Batterman v. Levenson
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, third district, rendered February 4,1916, in favor of the plaintiff for $170.25 damages and costs, after a trial by the court without a jury.
1Opinion of the CourtBenedict, J.
This is an action for $150 for three months’ rent under a written lease. The answer denied some of the allegations of the complaint and set up as a separate defense constructive eviction and surrender.
The demised premises consisted of the second floor of the building No. 22 Graham avenue, in the borough of Brooklyn, and were used by defendant for *94dental parlors. The lease was' made in August, 1914, for a term of three years from August 15 of that year. The defendant abandoned the premises in October, 1915, and claims in this action a constructive eviction, by reason of the presence of a large…
2Cases cited8 opinions
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913
- Jacobs v. MorandAppellate Terms of the Supreme Court of New York · 1908
- Marks v. DellaglioAppellate Division of the Supreme Court of the State of New York · 1900
- New York State Investing Co. v. WolfAppellate Terms of the Supreme Court of New York · 1914
- Barnard Realty Co. v. BonwitAppellate Terms of the Supreme Court of New York · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Cox v. HardyCourt of Appeals of Kentucky (pre-1976) · 1963
- Delamater v. ForemanSupreme Court of Minnesota · 1931
- Ray Realty Co. v. HoltzmanMissouri Court of Appeals · 1938
- Washington Chocolate Co. v. KentWashington Supreme Court · 1947
4 more not listed; retrieve them via the Exa API.