Jacob B. Tallman, Appellant v. John H. Murphy, Respondent

Summary

The New York Court of Appeals affirmed the judgment for the tenant, holding that the landlord's failure to remedy gas, smoke, and explosions constituted a constructive eviction that made the premises untenantable under the 1860 statute, relieving the tenant of rent liability; a dissent argued the landlord was not liable and the statute did not apply.