1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 24 A.D.3d
  5. 24 A.D.3d 249 (2005)
 

JACKSON v. WESTMINSTER HOUSE OWNERS INC.

24 A.D.3d 249 (2005)

806 N.Y.S.2d 495

RICHARD JACKSON et al., Appellants, v. WESTMINSTER HOUSE OWNERS INC. et al., Respondents.

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

December 15, 2005.

To make out a prima facie case of breach of the covenant of quiet enjoyment, a tenant must establish that the landlord's conduct substantially and materially deprived the tenant of the beneficial use and enjoyment of the premises (see Barash v. Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 82-83 [1970]). There must be an actual ouster, either total or partial, or if the eviction is constructive, there must have been an abandonment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases