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WALSH BROS., INC. v. RUPPERT

7 A.D.2d 896 (1959)

Walsh Brothers, Inc., Respondent, v. Jacob Ruppert, a Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 3, 1959

The first cause of action alleging a breach of the lease and of the covenant of quiet enjoyment is manifestly insufficient, since the "right" to purchase defendant's products at a favorable price and to the patronage of its employees was not an appurtenance of the lease, and there was no eviction, actual or constructive, on which a finding of breach of the covenant of quiet enjoyment could be premised (Herstein v. Columbia Pictures Corp., 4 N.Y.2d...

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