The Fifth Avenue Building Company, Appellant v. J. Frederic Kernochan, as Executor of Edward M. Knox, Deceased…

Summary

The Court affirmed that a partial eviction of a tenant, even when caused by a municipal revocation of a license, constitutes a defense to an action for rent and warrants a proportional abatement of rent. It also held that the Real Property Law does not prohibit an implied covenant for quiet enjoyment in leases, but such a covenant is unnecessary for the eviction defense, and the statutory prohibition on implied covenants applies only to conveyances of real property, not to leases of chattel real.