110 N.Y.S. 562 | N.Y. App. Div. | 1908
The plaintiff brings this actio.n to recover the-balance of rentals due under a written lease, the defendant holding over. In October, 1904, the plaintiff leased to the defendant an apartment in her building. A written lease was entered into, which provided that if the .premises became vacant during the term the landlord might re-enter and lease the same, applying the proceeds to the payment of expenses and the rent reserved, the remainder, if any, to go to the defendant, and in the event of a deficiency the defendant to be liable for tlie same. The defendant entered into possession under this lease for one year, held over for a period of six months, and this action is brought to recover for the remainder of the year, the plaintiff having failed to secure a tenant. A judgment for the amount claimed has been entered, the defendant appealing.
The defense relied upon is eviction. It is alleged that the plaintiff let an apartment to another family directly above the apartments rented to the defendant, and that this tenant owns a dog which, when left alone, as he often is, barks and howls and disturbs the defendant to such an extent as to become a nuisance, amount
The judgment appealed from should be affirmed, with costs.
Hooker, Gaynor, Rich and Miller, JJ., concurred.
Judgment of the Municipal Court affirmed, with costs.