HERSTEIN CO. v. COLUMBIA PICTURES CORP.


4 N.Y.2d 117 (1958)

Dave Herstein Co., Inc., Appellant, v. Columbia Pictures Corp., Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1958.


Attorney(s) appearing for the Case

Alexander Pfeiffer for appellant.

Ferdinand Pecora and David H. Horowitz for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.


BURKE, J.

The sole question presented on this appeal is whether a tenant may maintain an action for damages for breach of the covenant of quiet enjoyment where he has failed to perform conditions upon which the covenant is predicated.

In the present case, alterations in the building where plaintiff was a statutory tenant were commenced in July, 1955. From July until the end of October, while these alterations...

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