Summary
In Home Life Insurance Co. v. Breslerman (168 Misc. 117) the Appellate Term in this department extended the rule to permit the pleading of constructive eviction where the landlord, with notice of existing conditions, took no effective steps "as he was authorized to do under his lease with the overhead tenant to abate the nuisance."
Summary of this case from Trustees of Sailors' Snug Harbor v. SugarmanOpinion
May 20, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Fifth District.
Louis A. Breslerman, for the appellant.
William T. Harris [ Bernard I. Greenfeld of counsel], for the respondent.
The uncontradicted evidence showed that the conduct of the family of the overhead tenant resulting in continual noises and disturbances deprived the appellant of the beneficial enjoyment of the demised apartment and that the respondent landlord with ample notice of the existent conditions took no effective steps as he was authorized to do under his lease with the overhead tenant to abate the nuisance. Appellant, therefore, has sustained his defense of constructive eviction.
Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.