New York Court of Appeals
Benjamin W. Franklin, Respondent v. Mary C. Brown, Appellant
December 20, 1889118 N.Y. 110
Summary
The Court affirmed the judgment of the General Term, holding that a tenant of a furnished dwelling has no implied covenant of habitability when the defect causing unfitness originates from an adjoining premises beyond the landlord’s control. The Court also held that the inclusion of personal property in the lease does not create such an implied covenant.