New York Court of Appeals

Trull Against Granger and Dillaye.

March 5, 18538 N.Y. 115

Summary

The Court affirmed the judgment for the plaintiff, holding that a lessee whose lease gives a right to possession at the commencement date may sue for damages rather than ejectment when the landlord refuses possession, and that damages are measured by the difference between the contract rent and the yearly value of the premises.