Haas v. Ketcham

Appellate Terms of the Supreme Court of New York

Haas v. Ketcham

87 N.Y.S. 411

Appellate Terms of the Supreme Court of New York·Decided March 24, 1904·Published

Opinion

BLANCHARD, J.

There was no proof in this case ot eviction actual or constructive. if the assault committed by the boy upon the defendant could be imputed to- the landlord, still this single act would not constitute such an interference with the beneficial use and possession of the demised premises as to amount to an eviction. The assault in no way related to or affected the defendant’s possession.

The judgment appealed from should be affirmed, with costs. All concur.

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BLANCHARD, J.

There was no proof in this case ot eviction actual or constructive. if the assault committed by the boy upon the defendant could be imputed to- the landlord, still this single act would not constitute such an interference with the beneficial use and possession of the demised premises as to amount to an eviction. The assault in no way related to or affected the defendant’s possession.

The judgment appealed from should be affirmed, with costs. All concur.

Haas v. Ketcham, 87 N.Y.S. 411 (N.Y. Ct. App. 1904).

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