...). The plaintiff asserted three causes of action against the landlords alleging breach of the covenant of quiet enjoyment, breach of the implied warranty of habitability, and...covenant of quiet enjoyment and breach of the warranty of habitability and so much of the third cause of action as alleges unjust enrichment based on rent collected. To establish a...breach of the covenant of quiet enjoyment, a tenant must show either an actual or constructive eviction (see, Herstein Co. v. Columbia Pictures Corp...

...appellant presents a prima facie case for error and, if so, will grant the appropriate relief. Deeds — Covenants — Warranty and Quiet Enjoyment — Nature. [3] Deeds — Covenants — Warranty and Quiet Enjoyment — Breach — What...eviction under another's paramount title which existed at the time of the conveyance. [4] Deeds — Covenants — Warranty and Quiet Enjoyment — Effect — Known Defects. Covenants of warranty and quiet enjoyment protect a purchaser of real property against both known and unknown defects in title; a purchaser is not precluded from recovering for a breach of...he is not a bona fide purchaser. [5] Deeds — Covenants — Warranty and Quiet Enjoyment — Breach — Statute of Limitations. Covenants of warranty and quiet enjoyment are prospective in operation; the applicable statute of limitations (RCW 4.16.040) does not begin to run on an action for breach of...

...covenant of quiet enjoyment, breach of contract and fraud against the co-op, its assistant secretary (Ginsberg), and seven individual members of the board. Other causes of action were alleged against...breach of fiduciary duty claim against them ( Ackerman v 305 E. 40th Owners Corp., 189 AD2d 665). Dismissal of the claims in the second (breach of covenant of quiet enjoyment) and fourth (breach of..., JJ. The instant action by owners of shares in a cooperative apartment alleged, inter alia, breach of fiduciary duty, breach of the...

...inventory, and vacated the storage unit. Subsequently, Winchell filed suit against Schiff. The complaint included causes of action for conversion, breach of quiet enjoyment, breach of contract, and...dismissed the claims for breach of quiet enjoyment, breach of contract, and tres-pass, as well as the request for punitive damages...of law on Winchell's claims for breach of quiet enjoyment and trespass, and denying his request for punitive damages. Under NRCP 50(a)(1), the district court may grant a motion for judgment as a matter...

...: intentional interference with the quiet enjoyment of her leasehold (count I); punitive damages relating to count I (count II); breach of the covenant of quiet enjoyment (count III); actual eviction in...enjoyment of the leasehold, a breach of the covenant of quiet enjoyment and a partial actual eviction. Defendant's contention that she had the right to sublet part of suite 700 is...enjoyment of her leasehold, breach of the covenant of quiet enjoyment or actual eviction in contract. As defendant did not have the right to sublet any part of suite 700 under the original lease, she...

...action for wrongful eviction in Alix and Brea's favor and the causes of action for breach of the covenant of quiet enjoyment, breach of fiduciary duty, conversion, trespass to chattels, and breach of...contract, and for treble damages under RPAPL 853, and, upon a search of the record, granted summary judgment dismissing the causes of action for breach of the covenant of quiet enjoyment, conversion, and...covenant of quiet enjoyment, conversion, and trespass to chattels since in the specific context of a wrongful eviction action these claims "do not...

...breach of the covenant of quiet enjoyment, breach of fiduciary duty, conversion, trespass to chattels, and breach of contract, and for treble damages under RPAPL 853, and, upon a search of the record..., granted summary judgment dismissing the causes of action for breach of the covenant of quiet enjoyment, conversion, and trespass to chattels, and granted plaintiffs' motion for summary judgment...the covenant of quiet enjoyment, conversion, and trespass to chattels since in the specific context of a wrongful eviction action these claims “do not constitute cognizable causes of action but merely...

...covenant of quiet enjoyment; Breach of warranty of habitability. Tort, Intentional infliction of emotional distress Negligence, Negligent infliction of.... The jury returned verdicts in favor of Rader for Odermatt's breach of the covenant of quiet enjoyment and intentional infliction of emotional distress, and awarded damages on those claims for, respectively, $2,250.00 and $2,750.00. The jury found in favor of Odermatt on the counts for breach of...unsanitary conditions in a plaintiff's apartment was intentional, it does require proof that the defendant's conduct caused a serious interference with the plaintiff's quiet enjoyment of the premises. Simon v. Solomon, 385 Mass. 91, 102 (1982). We conclude that the evidence in this case was sufficient to sustain a verdict for breach of...

...alleging G.L.c. 93A violations and breach of the covenant of quiet enjoyment. Action heard in the Newton Division by Pomarole, J. Helene Gerstle for the plaintiffs. Jeremy T. Robin for the defendants. Landlord and Tenant, Violation of security deposit law. Contract, Breach; Breach...covenant of quiet enjoyment; Breach of implied warranty of habitability. Tort, Retaliation...of the covenant of quiet enjoyment, intentional infliction of emotional distress and unfair and deceptive acts in violation of G.L.c. 93A On the defendants' counterclaims, the judge found in favor of the defendants for the plaintiffs' breach of...

...quiet enjoyment and warranty of habitability — General contract principles provide measure of damages — R.C. 5321.12 — Damages for emotional distress may be awarded, when. O.Jur 3d Landlord and Tenant §§ 216, 412. 1. General contract principles govern the damages recoverable on a tenant's claim for breach of...covenant of quiet enjoyment, breach of a warranty of habitability, or breach of any statutory duty under R.C. Chapter 5321, except security..., so she could not recover under that measure of damages. However, the Padgett opinion did not address tenants' claims for "breach of a covenant of quiet enjoyment, breach of a warranty of...

...of action for breach of a covenant of quiet enjoyment, breach of a warranty of habitability, or breach of any statutory duty under R.C. Chapter 5321, except as pertains to their security deposit...of action: one claiming breach of contract and the other claiming that appellee had wrongfully withheld $204 from their security deposit. On their contract claim, appellants sought a refund of the..." measure of damages. Under such measure, damages would be based upon the percentage reduction of a tenant's use of the leased premises resulting from the landlord's breach. In Pugh v. Holmes...

..., breach of covenant of quiet enjoyment, breach of duty of care, landlord retaliation, invasion of privacy, and intentional infliction of emotional distress. Plaintiff appeals from a judgment entered in...) Plaintiff Debra L. Bunger previously rented a house from defendant Jay Karmarkar. She filed a complaint against him in which she alleged causes of action for breach of good faith and fair dealing, fraud...

...covenant of quiet enjoyment; breach of the implied warranty of habitability; frustration of purpose; simple breach of contract; constructive eviction; and fraud. Ericksen claimed it was entitled to rescind...Lease exclusive of those provisions relating to payment of rent," Ericksen filed suit on June 30, 1982. The complaint sought damages and declaratory relief and alleged a breach of the implied...agreement to arbitrate. [Citations.] Nor does the alleged breach or repudiation of the contract preclude the right to arbitrate. [Citations.] [¶] Finally, any doubts as to the construction of the Act ought to...

.... Landlord and Tenant, Quiet enjoyment, Services furnished by landlord, Trespass, Eviction. Trespass. Practice, Civil, Requests, rulings and instructions. Damages, For breach of contract...: breach of covenant of quiet enjoyment, breach of contract to supply steam, trespass, and constructive eviction. The exceptions relate to evidence admitted on behalf of the plaintiff, to the denial of.... Such findings support all four of the counts in the plaintiff's declarations. They establish a breach of the defendants' implied contract of quiet enjoyment. Brown v. Holyoke Water Power Co. 152 Mass. 463, 464. They establish a breach of...

...wrongful eviction in plaintiffs Alix and Brea's favor and the causes of action for breach of the covenant of quiet enjoyment, breach of fiduciary duty, conversion, trespass to chattels, and breach of...contract, and for treble damages under RPAPL 853, and, upon a search of the record, granted summary judgment dismissing the causes of action for breach of the covenant of quiet enjoyment, conversion, and...correctly dismissed the causes of action for breach of the covenant of quiet enjoyment, conversion, and trespass to chattels since in the specific context of a wrongful eviction action these claims...

...summary judgment as to liability on the cause of action for wrongful eviction in Alix and Brea's favor and the causes of action for breach of the covenant of quiet enjoyment, breach of fiduciary duty...151 [1st Dept.2001]). The court correctly dismissed the causes of action for breach of the covenant of quiet enjoyment, conversion, and trespass to chattels since in the...the covenant of quiet enjoyment, conversion, and trespass to chattels, and granted plaintiffs' motion for summary judgment dismissing defendant Axelrod Fingerhut & Dennis's (Axelrod) affirmative...

...A. Abber for the defendants. Landlord and Tenant, Right of quiet enjoyment, Breach of. Evidence, Hearsay.... COVEN, J. This is an action to recover for the defendant-landlords' breach of quiet enjoyment. Summary judgment was entered for the defendants, and the...allegations may well have been sufficient to permit his recovery for a breach of quiet enjoyment. Pursuant to G.L.c. 186, § 14, a residential tenant enjoys the right to the quiet enjoyment and use of the...

..., partnership that owned property, and bonding company from which receiver obtained security bond, alleging breach of contract, breach of covenant of quiet enjoyment, and breach of duty of good faith and...covenant of quiet enjoyment, breach of the duty of good faith and fair dealing, declaratory relief, and for enforcement of liability of the...privity of estate. Crown also contends that it has met its obligations under the lease by providing Anes with possession and quiet enjoyment ( i.e., the...

...that a trier of fact might conclude that restricting defendants' freedom to leave their door open would constitute a patent breach of the Quiet Enjoyment covenant found in the sublease. Indeed..., in performing its contractual duties, which most definitely include a duty to afford defendants the freedom to exercise quiet enjoyment of the space "without molestation or hindrance by Sublandlord." Again - whether or not defendants can show that they were hindered in their freedom to facilitate natural air flow, and whether such hindrance is important enough to be characterized as a breach of...actions or omissions by a commercial landlord rise to the level of breach of the covenant of quiet enjoyment is "a triable issue of fact for the jury to determine"]). And that is especially so in the...

...contract are dependent on other covenants depends upon the intent of the parties as determined from the contract as a whole. [3] Landlord and Tenant — Covenant of Quiet Enjoyment — Breach — Effect...the lease and receive a judgment quieting their title. Hsieh asserts that Esmieus' breach, which prevented him from getting the permits, amounted to breach of the implied covenant of quiet enjoyment...contractual obligations, Esmieus' deliberate frustration of the basic purpose behind the Agreement also amounted to breach of the implied covenant of quiet enjoyment, which is contained in every lease...