87 N.Y.S. 411
Appellate Terms of the Supreme Court of New York
Decided March 24, 1904
Appellate Terms of the Supreme Court of New York · decided 1904-03-24
<p>1. Landlord and Tenant—Eviction—What Constitutes—Assault by Servant.</p> <p>A single assault, committed by a hall boy upon a tenant, conceding that it can be imputed to the landlord, is not such an interference with the beneficial use and possession of the demised premises as. to amount to an eviction.</p>
Decided 1904-03-24
¶1There was no proof in this case ot eviction actual or constructive. if the assault committed by the boy upon the defendant could be imputed to- the landlord, still this single act would not constitute such an interference with the beneficial use and possession of the demised premises as to amount to an eviction. The assault in no way related to or affected the defendant’s possession.
¶2The judgment appealed from should be affirmed, with costs. All concur.