Legal Opinion

Vatel v. Herner

New York Court of Common Pleas

Decided May 15, 1856Published

Appeal by defendant from a judgment of the Fourth District Court. This was an action by the plaintiff, as assignee of Daniel Griffin, to recover $25 rent. Daniel Griffin was the lessee of tbe building No. 47 Dey street. In the rear of tbis building is another, approached both by an alley way and by the hall of the front building, which runs through from front to rear.

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Appeal by defendant from a judgment of the Fourth District Court. This was an action by the plaintiff, as assignee of Daniel Griffin, to recover $25 rent. Daniel Griffin was the lessee of tbe building No. 47 Dey street. In the rear of tbis building is another, approached both by an alley way and by the hall of the front building, which runs through from front to rear. Between the two buildings is a vacant space; that part of it which is opposite the hall of the front building being enclosed so as to make a covered and enclosed hall from Dey street through the front building to the one in the…

1Opinion of the Court

INGRAHAM, First Judge. —

Any interference with the person of the tenant, although on the demised premises, would only be a trespass, and not an eviction. If the landlord improperly assaulted him, the remedy is for the assault, and not for eviction.

The space rented by the agreement was only the vacant space between the front and rear buildings as enclosed, and not the part unenclosed. The privilege to alter and fit up the same evidently shows that the intent was to make a continuous passage to the back building through the enclosed space, with a view, probably, of making a continuous covered…

2Cases cited1 opinion

  1. Campbell v. ShieldsNew York Supreme Court · 1855

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