Robert Dolman v. United States Trust Company of New York, as Trustee under the Will of Eugene Higgins

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the plaintiff’s claim, holding that a landlord does not breach the covenant of quiet enjoyment when a tenant is evicted as a result of the sovereign’s exercise of eminent domain, even where the landlord cooperates by granting the city an option to purchase its condemnation award. The dissent argued that the landlord’s cooperation created a breach of the covenant.