August 19, 2008

Quiet enjoyment.

Practice point: A plaintiff may properly plead a cause of action for breach of the covenant of quiet enjoyment by alleging a constructive eviction, namely, because the cooperative failed to make necessary repairs, the conditions in plaintiff’s home compelled plaintiff to move out.

Case: Granirer v. Bakery, Inc., NY Slip Op 06582 (1st Dept. 2008)

The opinion is here.