J. W. Cushman & Co. v. Rohl
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by J. W. Cushman & Co. against Charles H. Rohl. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtBijur, J.
[1] This action is brought for rent of an apartment occupied by the defendant, and the defense is a constructive eviction by reason of the- alleged offensive presence of mice and bedbugs in the defendant’s apartment. It does not appear in the case that the presence of this vermin was due to any act of the landlord, or that it originated in any part of the premises under control of the landlord. The fact that it was not seriously, if at all, noted until some three months *95after the tenant’s occupancy, and the testimony as to the condition in which the tenant kept the apartment, cast, to say the…
2Cases cited2 opinions
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913
- Streep v. SimpsonAppellate Terms of the Supreme Court of New York · 1913
3Cited by1 opinion
- Batterman v. LevensonAppellate Terms of the Supreme Court of New York · 1917