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Home Life Insurance v. Breslerman

168 Misc. 117, 5 N.Y.S.2d 272, 1938 N.Y. Misc. LEXIS 1686
CourtAppellate Terms of the Supreme Court of New York
DecidedMay 20, 1938
StatusPublished
Cited by7 cases

This text of 168 Misc. 117 (Home Life Insurance v. Breslerman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Home Life Insurance v. Breslerman, 168 Misc. 117, 5 N.Y.S.2d 272, 1938 N.Y. Misc. LEXIS 1686 (N.Y. Ct. App. 1938).

Opinion

Per Curiam.

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.

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Cite This Page — Counsel Stack

Bluebook (online)
168 Misc. 117, 5 N.Y.S.2d 272, 1938 N.Y. Misc. LEXIS 1686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-life-insurance-v-breslerman-nyappterm-1938.