Madden v. Bullock
This text of 115 N.Y.S. 723 (Madden v. Bullock) 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.
Opinions
The action is for rent of an apartment. The defense is a constructive eviction. The court found for defendant. Plaintiff appeals.
The evidence shows an almost intolerable condition, arising from loathsome stenches of dead and decaying rats, which plaintiff undertook unsuccessfully to remove, and made matters worse by tearing up and not replacing flooring, and by using" chloride of lime. The defendant was powerless to abate this peril to health. Such a condition cannot be called an inconvenience, nor was its source discoverable by ordinary inspection.
The judgment should be affirmed, with costs.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
115 N.Y.S. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-bullock-nyappterm-1909.