# Mulliken v. Brown

> Appellate Division of the Supreme Court of the State of New York · March 15, 1922 · 201 A.D. 860

URL: https://www.frixlaw.com/law-library/cases/5265644

## Case

- **Full name:** Harral Mulliken v. Burr R. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 15, 1922
- **Citations:** 201 A.D. 860
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5265644

## Opinion text

Judgment reversed upon the law, and new trial granted, with costs to appellant to abide the *861 event. The complaint sets out a cause of action for breach of the covenant of quiet enjoyment, which is an implied covenant incident to every lease. The plaintiff also proved on the trial' that there was such a breach. The landlord by making a new agreement with the subtenant, and having the subtenant attorn to him, ousted the plaintiff from possession as effectually as he could have been ousted by the execution of a warrant. (MacGlashan v. Marvin, 185 App. Div. 157 .) Blaokmar, P. J., Kelly, Jaycox, Manning and Kelby, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5265644. Public record. Not legal advice.