Dave Herstein Co., Inc. v. Columbia Pictures Corp.

Summary

The New York Court of Appeals affirmed the Appellate Division's judgment, holding that a statutory tenant cannot sue for breach of the covenant of quiet enjoyment when the tenant has failed to pay rent, a condition precedent to that covenant. The court also rejected the tenant's argument that Section 234 of the Real Property Law voids the rent condition, finding the statute does not remove the covenant's dependency on rent payment.