Wells v. Caro
Appellate Terms of the Supreme Court of New York
Appeal by the defendant -from a judgment of the City Court of the city of RTew York,, entered in favor of the plaintiff by direction of the court and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtSeabury, J.
This is an action on a written lease to recover rent. The defendant pleaded an actual partial eviction. During the term of the lease, the landlord reconstructed the building in such manner that the defendant was deprived of the usual method of ingress and egress. The use of the elevator was discontinued. The defendant also attempted to prove that the stairway leading to the demised premises was removed. The evidence on behalf of the defendant was limited to*a very narrow scope by the adverse rulings of the learned trial court. The request of the defendant to go to the jury upon the issue of…
2Cases cited2 opinions
- Jackson v. PaternoAppellate Terms of the Supreme Court of New York · 1908
- Jackson v. PaternoAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- A. Sidney Davison Coal Co. v. National Park BankAppellate Division of the Supreme Court of the State of New York · 1922
- Smolka v. James T. Chandler & Son, Inc.Supreme Court of Delaware · 1941
- Samuel Kronman & Co. v. Public National BankAppellate Division of the Supreme Court of the State of New York · 1926
- Curry v. FoxAppellate Terms of the Supreme Court of New York · 1912
- Kelter v. Pilsener Bottling Co.New York Supreme Court · 1965