Friday, March 23, 2012

Dyett v. Pendleton case brief

Dyett v. Pendleton, NY, 1826
  1. brothel on first floor of residential building, other tenant says he has been constructively evicted
  2. 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.
  3. Tenant lost in trial ct but won in upper court, said constructively evicted since landlord did something to render occupation inconvenient or uncomfortable
  4. have to be careful of waiver w/ constructive eviction. If somebody needs to move, it’s better to do it fast.

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