enjoyment privilege (New York) · Go Syfert
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enjoyment privilege in New York

6 New York opinions name it 4 courts 1857–1958 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New York.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Sirey v. Braems neutral
nyappdiv · 1901
2 sentences

1903As said in Peck v. Hiler ( 24 Barb. 178): “ An interruption of the enjoyment of a privilege conferred by a lease by physical means adopted by the landlord constitutes an eviction and suspends the rent of the * * * premises, and the remedy of the lessor for the recovery of the possession.” And in Sirey v. Braems ( 65 App. Div. 472 ) it was held (head note) that “ the eviction of a tenant from a portion of the demised premises suspends, during the continuance of the eviction, the right of the landlord to maintain summary proceedings against the tenant for non-payment of rent.” We have not overlo

1903As said in Peck v. Hiler, 24 Barb. 178 : “An interruption of the enjoyment of the privilege conferred by a lease by physical means adopted by the landlord constitutes an eviction, and suspends the rent of the * * * premises, and the remedy of the lessor for the recovery of the possession.” And in Sirey v. Braems, 65 App. Div. 472 , 72 N. Y.

21903–1903
Peck v. Hiler green
nysupct · 1857
2 sentences

1903As said in Peck v. Hiler ( 24 Barb. 178): “ An interruption of the enjoyment of a privilege conferred by a lease by physical means adopted by the landlord constitutes an eviction and suspends the rent of the * * * premises, and the remedy of the lessor for the recovery of the possession.” And in Sirey v. Braems ( 65 App. Div. 472 ) it was held (head note) that “ the eviction of a tenant from a portion of the demised premises suspends, during the continuance of the eviction, the right of the landlord to maintain summary proceedings against the tenant for non-payment of rent.” We have not overlo

1903As said in Peck v. Hiler, 24 Barb. 178 : “An interruption of the enjoyment of the privilege conferred by a lease by physical means adopted by the landlord constitutes an eviction, and suspends the rent of the * * * premises, and the remedy of the lessor for the recovery of the possession.” And in Sirey v. Braems, 65 App. Div. 472 , 72 N. Y.

21903–1903
Christie v. 46th St. Theatre Corp. neutral
nyappdiv · 1942
1 sentence

1958Theatre Corp., 265 App. Div. 255 , affd. 292 N. Y. 520 , cert. denied 323 U. S. 710 ).

11958–1958
Christie v. 46th St. Theatre Corp. neutral
ny · 1944
1 sentence

1958Theatre Corp., 265 App. Div. 255 , affd. 292 N. Y. 520 , cert. denied 323 U. S. 710 ).

11958–1958
Sitamore v. Mayo neutral
scotus · 1944
1 sentence

1958Theatre Corp., 265 App. Div. 255 , affd. 292 N. Y. 520 , cert. denied 323 U. S. 710 ).

11958–1958
Sirey v. Braems neutral
nyappdiv · 1901
1 sentence

1903As said in Peck v. Hiler, 24 Barb. 178 : “An interruption of the enjoyment of the privilege conferred by a lease by physical means adopted by the landlord constitutes an eviction, and suspends the rent of the * * * premises, and the remedy of the lessor for the recovery of the possession.” And in Sirey v. Braems, 65 App. Div. 472 , 72 N. Y.

11903–1903
People v. . Platt green
ny · 1889
1 sentence

1895People v. Platt, 117 N. Y. 167 ; 27 St.

11895–1895
De Meli v. . De Meli green
· 1890
1 sentence

1893Rep.:) “The relation is one which has a legal sanction, and in some cases secures its possessor a settlement and pauper privileges under the poor laws; and, in all cases where a statute provides residence as a qualification for the enjoyment of a privilege or the exercise of a franchise, the word is equivalent to the place of domicile of the person who claims its benefit. ” (The italics are mine.) The question came again before the court of appeals in De Meli v. De Meli, (April term, 1890,) 120 N. Y. 485 , 24 N. E.

11893–1893
Lewis v. Payn green
nysupct · 1830
1 sentence

1857But it was remarked by the chief justice, that “ had the landlord, afteT the raceway was dug and the water let in, and enjoyment by the tenant, subsequently diverted the water from the raceway, or a part of it, that, I think, would have amounted to an eviction within the cases of Lewis v. Payn, ( 4 Wend. 423 ,) and Dyett v. Pendleton, (8 Cowen, 727 ;) which last case, in the court of errors, carried the doctrine of eviction to the utmost verge.” I have no difficulty in concurring in the opinion that an interruption to the enjoyment of a privilege conferred by a lease, by physical means adopted

11857–1857

Where else courts name it

MD 14 (1925–2024) IN 10 (1904–2008) MI 10 (1921–2014) GA 8 (1910–2025) OH 8 (1904–2025) NY 6 (1857–1958) WA 6 (1976–2015) NM 5 (1938–2015) MA 4 (1932–1995) CO 4 (1983–1998) PA 4 (1936–1977) KS 4 (1973–2017) OK 4 (1945–2003) MO 3 (1933–2018) CA 3 (1902–1953) LA 3 (1938–2018) ME 2 (1957–1985) MN 2 (2013–2014) IA 2 (1942–2002) SD 2 (1944–1959) OR 2 (1901–1992) AR 2 (1915–1956) MT 2 (1964–1979) TN 2 (1923–2020) NC 2 (1915–1939) VA 2 (1880–1881) KY 2 (1927–1971)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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