Thalheimer v. Lempert
New York Supreme Court
Appeal from Monroe county court. Action by Tette Thalheimer. against Morris W. Lempert, defendant, for rent, in the municipal court of the city of Rochester. Judgment was rendered for defendant, which the Monroe county court affirmed on appeal. From the latter judgment plaintiff appeals.
1Opinion of the CourtBradley, J.
The action is to recover rent of a dwelling-house rented to the defendant by a lease made in February, 1884, for the term of five years from the 1st of April following. The defense is that the building became untenantable; that he was deprived of the beneficial use of the premises by the failure of the plaintiff to repair; and that he was compelled to and did abandon them. It appears that the defendant did leave the house in December, 1886, and then sent to the plaintiff the rent up to that time, which the plaintiff declined to accept as such payment. The lease did not, by its terms, provide…
2Cases cited9 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Butler v. . KidderNew York Court of Appeals · 1881
- Vann v. . RouseNew York Court of Appeals · 1884
- Burnham v. . ButlerNew York Court of Appeals · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Prior v. Sanborn CountySouth Dakota Supreme Court · 1899
- Sully v. SchmidtSuperior Court of Buffalo · 1890