Lawrence v. Burrell
City of New York Municipal Court
Appeal from a judgment for the defendant entered upon a verdict, and from an order denying a motion for a new trial. » Action for rent of the fourth floor of an apartment house in the city of New York. The material facts appear in the opinion.
1Opinion of the CourtBrowne, J.
—The question arising upon this appeal is whether the facts urged by the defendant in her exoneration from liability for rent under the terms of the lease in evidence, constituted a constructive eviction, and justified her in abandoning the premises.
A definition of eviction well applied to the case at bar is found in McAdam's Landlord & Tenant, 478, where it is said that “ an eviction is where there has been an obstruction to the beneficial enjoyment of the premises, ahd a diminution of the consideration of the contract by the acts of the landlord, or with his permission, or by paramount…
2Cited by6 opinions
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Minneapolis Co-operative Co. v. WilliamsonSupreme Court of Minnesota · 1892
- Doolittle v. SelkirkNew York Court of Common Pleas · 1894
- Jennings v. SchaickNew York Court of Appeals · 1888
- Thalheimer v. LempertNew York Supreme Court · 1888
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