Barnard Realty Co. v. Bonwit
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carl Bonwit, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of May, 1912, affirming an order of the Municipal Court of the city of New York setting aside the verdict of a jury in favor of the defendant and directing a new trial.
1Opinion of the Court
Clarke, J.:
This is an action .to recover rent of an apartment. The defense was constructive eviction. The jury found for the defendant. The verdict having been set aside solely as contrary to law, the facts found are established. Defendant and his wife moved into an apartment on the top floor of a new apartment house on the 15th of September, 1910, and moved out on the 8th of November, 1910. The reason therefor was the disturbance caused by the nightly meetings and performances of rats in the walls and ceilings, coupled with a most offensive odor which increased until the place became…
2Cases cited3 opinions
- Jacobs v. MorandAppellate Terms of the Supreme Court of New York · 1908
- Berlinger v. MacdonaldAppellate Division of the Supreme Court of the State of New York · 1912
- Fitzgibbon v. JolineAppellate Terms of the Supreme Court of New York · 1909
3Cited by17 opinions
- Reste Realty Corporation v. CooperSupreme Court of New Jersey · 1969
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Batterman v. LevensonAppellate Terms of the Supreme Court of New York · 1917
- Delamater v. ForemanSupreme Court of Minnesota · 1931
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
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