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Suydam v. Jackson
New York Commission of Appeals
54 N.Y. 450 (1873)
- Written by Sean Carroll, JD
Facts
The plaintiff leased a store to the defendant. The roof of the store decayed and began to leak due to age and weather. The leak got worse over time and leaked heavily at times. The defendant at no point sought to repair the roof but rather, once the premises became uninhabitable, left notice for the plaintiff that the defendant was vacating the premises. The plaintiff brought suit to recover unpaid rent. The trial court ruled in favor of the plaintiff. The defendant appealed based on a state statute providing the right to a tenant to surrender premises that were, without any fault or neglect on the part of the tenant, destroyed or injured to the point of inhabitability.
Rule of Law
Issue
Holding and Reasoning (Earl, J.)
Concurrence (Reynolds, J.)
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