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DOLMAN v. UNITED STATES TRUST CO.

2 N.Y.2d 110 (1956)

Robert Dolman, Respondent, v. United States Trust Company of New York, as Trustee under the Will of Eugene Higgins, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1956.

Attorney(s) appearing for the Case

Williams S. Gaud and John P. Allee for appellant.

Milton M. Bergerman and Joseph Calderon for respondent.

DYE, FROESSEL and BURKE, JJ., concur with CONWAY, Ch. J.; FULD, J., concurs in result; DESMOND, J., dissents in an opinion in which VAN VOORHIS, J., concurs.

CONWAY, Ch. J.

This action was brought to recover damages for an alleged breach of the covenant of quiet enjoyment contained in the lease between the defendant as landlord and the plaintiff as tenant. It is claimed that the landlord breached the covenant by its inducement of and co-operation in the condemnation of the leased premises by the City of New York, resulting in the eviction of the plaintiff at the end...

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