Martens v. Sloane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ralph D. Sloane, from a, judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 28th day of December, 1908.
1Opinion of the Court
Rich, J.:
This action was brought to recover rent. The defendant claimed constructive eviction because of a failure to properly heat the demised premises, and because of a nuisance created, by another tenant, to whom a portion of the building, which was occupied as a residence when defendant leased, was subsequently used as a restaurant. The lease, which is in writing, limits.the use of the premisés occupied by defendant to that óf a private dwelling apartment for his family.. There is no covenant of the landlords for *115quiet enjoyment, heat, repairs, or keeping the premises in such condition…
2Cases cited2 opinions
- Tallman v. . MurphyNew York Court of Appeals · 1890
- McKinny v. BrowningAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Berlinger v. MacdonaldAppellate Division of the Supreme Court of the State of New York · 1912
- Cohen v. WernerCivil Court of the City of New York · 1975
- Fermaglich v. Warshawiak, New York County Courts1964
- Trustees of the Sailors' Snug Harbor v. SugarmanAppellate Division of the Supreme Court of the State of New York · 1942