Perniciaro v. Veniero

Appellate Terms of the Supreme Court of New York

Perniciaro v. Veniero

90 N.Y.S. 369

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1904

StatusPublished

Cited by2 cases

This text of 90 N.Y.S. 369 (Perniciaro v. Veniero) 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

Perniciaro v. Veniero, 90 N.Y.S. 369 (N.Y. Ct. App. 1904).

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Opinion

BISCHOFF, J.

The landlords excluded the tenant from a substantial portion of the demised premises—a space about six feet square— and the evidence justified the finding that the act of exclusion was not compelled by the order of the building department, so far as to necessitate an interference with this tenant’s possession, assuming that compulsion would excuse the eviction. There is nothing to distinguish the [370]*370situation from that presented in Hamilton v. Graybill, 19 Misc. Rep. 521, 43 N. Y. Supp. 1079, and, under the rule applied in that case, the rent was suspended.

Final order affirmed, with costs. All concur.

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BISCHOFF, J.

The landlords excluded the tenant from a substantial portion of the demised premises—a space about six feet square— and the evidence justified the finding that the act of exclusion was not compelled by the order of the building department, so far as to necessitate an interference with this tenant’s possession, assuming that compulsion would excuse the eviction. There is nothing to distinguish the [370]*370situation from that presented in Hamilton v. Graybill, 19 Misc. Rep. 521, 43 N. Y. Supp. 1079, and, under the rule applied in that case, the rent was suspended.

Final order affirmed, with costs. All concur.

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Bluebook (online)

90 N.Y.S. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perniciaro-v-veniero-nyappterm-1904.

Opinion

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