Baldwin v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham Cohen and another, from a judgment of the Municipal Court of the' city of New York in favor of the plaintiff, entered upon the verdict of a jury. The action was for rent, and the trial justice directed a verdict for the plaintiff.
1Opinion of the Court
Gaynor, J.:
The learned counsel for the defendants claims that there was evidence of a “ constructive eviction ” which should have been submitted to the jury. He bases this on section 197 of the Real Property Law (Laws of 1896, ch. 547). But that provision has nothing to do with the law of eviction. It only changes a hard rule of the common law by giving a tenant the right or option to “ quit and surrender possession of the leasehold premises and thereby release himself for rent accruing after such surrender, where the “ building which is leased or occupied is destroyed or so injured by the…
2Cases cited3 opinions
- Reiner v. JonesAppellate Division of the Supreme Court of the State of New York · 1899
- Huber v. RyanNew York Supreme Court · 1899
- Kelly v. NoxonNew York Supreme Court · 1892
3Cited by5 opinions
- Refrigeration for Science, Inc. v. Deacon Realty Corp.New York Supreme Court · 1972
- Conthur Development Co. v. Dacar Garage Corp.Civil Court of the City of New York · 1983
- Zipser v. DunstAppellate Terms of the Supreme Court of New York · 1915
- Schulte Real Estate Co. v. FrankfortCity of New York Municipal Court · 1933
- Goldstein v. TotmanCity of New York Municipal Court · 1937