- brothel on first floor of residential building, other tenant says he has been constructively evicted
- dissent was worried about slippery slope of anytime a tenant is unhappy, they can claim constructive eviction – said why are we saying this is the landlord’s problem? Tenant should have called the cops.
- Tenant lost in trial ct but won in upper court, said constructively evicted since landlord did something to render occupation inconvenient or uncomfortable
- have to be careful of waiver w/ constructive eviction. If somebody needs to move, it’s better to do it fast.
Friday, March 23, 2012
Dyett v. Pendleton case brief
Dyett v. Pendleton, NY, 1826
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