J. W. Cushman & Co. v. Thompson

Appellate Terms of the Supreme Court of New York

J. W. Cushman & Co. v. Thompson

58 Misc. 539, 109 N.Y.S. 757

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1908

StatusPublished

Cited by2 cases

This text of 58 Misc. 539 (J. W. Cushman & Co. v. Thompson) 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

J. W. Cushman & Co. v. Thompson, 58 Misc. 539, 109 N.Y.S. 757 (N.Y. Ct. App. 1908).

Pincite

Opinion

Per Curiam.

The plaintiff sued for an instalment of rent due under a lease. The defendant’s answer recites a covenant of quiet enjoyment and alleges that plaintiff in violation of said covenant “ let and rented other apartments in said premises and the same were used by the occupants thereof for immoral and illegal purposes, being the resort of bad characters, men and women.” The answer further alleges that defendant notified plaintiff of such immoral and illegal use of said premises and requested plaintiff to institute the necessary proceedings to evict such disorderly occupants; and “ that plaintiff unlawfully neglected to institute such proceedings or to cause said persons to be removed therefrom, but on the contrary suffered and permitted said tenants to continue to occupy a portion of said premises for immoral purposesand that, therefore, defendant was evicted. If the allegations set forth in the answer are true, the conduct of the plaintiff in thus permitting the disorderly tenants to remain in the premises has supplied the defendant with a good and sufficient defense. Dyett v. Pendleton, 8 Cow. 727.

The judgment must be reversed, with costs, and the demurrer overruled, with leave to the plaintiff to try his action upon the merits, upon payment of costs.

Present, Gildersleeve, Seabtjry and Daytoe, TJ.

Judgment reversed, with costs, and demurrer overruled, with leave to plaintiff to try his action upon the merits, upon payment of costs.

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Per Curiam.

The plaintiff sued for an instalment of rent due under a lease. The defendant’s answer recites a covenant of quiet enjoyment and alleges that plaintiff in violation of said covenant “ let and rented other apartments in said premises and the same were used by the occupants thereof for immoral and illegal purposes, being the resort of bad characters, men and women.” The answer further alleges that defendant notified plaintiff of such immoral and illegal use of said premises and requested plaintiff to institute the necessary proceedings to evict such disorderly occupants; and “ that plaintiff unlawfully neglected to institute such proceedings or to cause said persons to be removed therefrom, but on the contrary suffered and permitted said tenants to continue to occupy a portion of said premises for immoral purposesand that, therefore, defendant was evicted. If the allegations set forth in the answer are true, the conduct of the plaintiff in thus permitting the disorderly tenants to remain in the premises has supplied the defendant with a good and sufficient defense. Dyett v. Pendleton, 8 Cow. 727.

The judgment must be reversed, with costs, and the demurrer overruled, with leave to the plaintiff to try his action upon the merits, upon payment of costs.

Present, Gildersleeve, Seabtjry and Daytoe, TJ.

Judgment reversed, with costs, and demurrer overruled, with leave to plaintiff to try his action upon the merits, upon payment of costs.

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Bluebook (online)

58 Misc. 539, 109 N.Y.S. 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-w-cushman-co-v-thompson-nyappterm-1908.

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