McLaughlin v. Bohm
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the justice of the Seventh District Court in favor of plaintiff for $62.50, besides costs in an action for the rent for the month of December, 1896, of ¡in apartment on the first floor "of premises 111 East Eighty-seventh street. The action was upon a lease for one year commencing October 1, 1896, at. the yearly rent of $750, payable monthly in advance.
1Opinion of the CourtDalt, P. J.
The defense to this action for rent was eviction by reason of the disturbance to the tenant’s, possession caused by the operation of a pump in the cellar under the apartment occupied by him. The pump was worked by a gas engine and the sound of its operation was unquestionably audible in defendant’s apartment. This was not, however, ground for abandoning the premises, since a properly constructed and operated pump in an-apartment-house is not ground of complaint.
The testimony on the part of the defendant tended to show that the disturbance of the occupation from this cause was extraordinary; *339th…
2Cases cited2 opinions
- Campbell v. United States Foundry Co.New York Supreme Court · 1893
- Harroun v. Brush Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Coope v. KollstadeAppellate Terms of the Supreme Court of New York · 1900
- Finck v. RogersAppellate Terms of the Supreme Court of New York · 1899