Huber v. Ryan
New York Supreme Court
Appeal from the Municipal Court of the City of New York from a judgment for the plaintiff for one month’s rent of real property.
Read the full summary
Appeal from the Municipal Court of the City of New York from a judgment for the plaintiff for one month’s rent of real property. The lease was in writing of an entire business building for a term of five years and contained the following covenant by the lessor: “That should the owner of the lot in the rear of the demised premises build upon his land now vacant and shut off the light and ventilation to the rear of the demised premises, then the party of the first part hereby agrees to put a skylight ventilator on the roof of the demised premises in addition toi a glass floor on the second…
1Opinion of the Court
Gaynor, J.:
The claim that the failure of the landlord to keep the covenant to put in the skylight ventilator and glass floor amounted by common law to an eviction is not tenable. The com*429mon law doctrine of eviction has reference to affirmative acts of the landlord, or of a third person under a title paramount to the landlord’s. There must be a forcible ouster of the tenant, or such an unlawful interference with his beneficial use of the demised premises as amounts to a permanent substantial impairment of it. Mere breach of covenant to repair, improve or rebuild is no eviction. The contrary…
2Cases cited12 opinions
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Lewis v. PaynNew York Supreme Court · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Partridge v. DykinsSupreme Court of Oklahoma · 1911
- Bromberger v. Empire Flashlight Co.New York Supreme Court · 1930
- Baldwin v. CohenAppellate Division of the Supreme Court of the State of New York · 1909
- Fifth Avenue Estates, Inc. v. ScullAppellate Terms of the Supreme Court of New York · 1964
7 more not listed; retrieve them via the Exa API.