Home Life Ins. v. Breslerman, 168 Misc. 117 (N.Y. App. Term. 1938). · Go Syfert
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Home Life Ins. v. Breslerman, 168 Misc. 117 (N.Y. App. Term. 1938). Cases Citing This Book View Copy Cite
10 citation events across 6 distinct courts.
Strongest positive: Blackett v. Olanoff (mass, 1977-01-13)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Blackett v. Olanoff
Mass. · 1977 · confidence medium
Co. v. Breslerman, 168 Misc. 117, 118 (N.Y.
discussed Cited "see, e.g." Department of Civil Rights v. Beznos Corp. (2×)
Mich. · 1985 · signal: see also · confidence low
See, also, Home Life Ins Co v Breslerman, 168 Misc 117 ; 5 NYS2d 272 (1938), discussing duties of landlord to residential tenants who disturb each other.
Retrieving the full opinion text from the archive…
Home Life Insurance Company
v.
Louis A. Breslerman
Appellate Terms of the Supreme Court of New York.
May 20, 1938.
168 Misc. 117
1938 N.Y. Misc. LEXIS 1686
Louis A. Breslerman, for the appellant., William T. Harris [Bernard I. Greenfeld of counsel], for the respondent.
Cited by 7 opinions  |  Published
Per Curiam.

The uncontradicted evidence showed that the conduct of the family of the overhead tenant resulting in continual noises and disturbances deprived the appellant of the beneficial enjoyment of the demised apartment and that the respondent landlord with ample notice of the existent conditions took no effective steps as he was authorized to do under his lease with the overhead tenant to abate the nuisance. Appellant, therefore, has sustained his defense of constructive eviction.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur. Present — Hammer, Shientag and Noonan, JJ.