Appellate Brief
To be submitted by: Mark Maker
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
Breezy Hollow Apartments,
Plaintiff-Respondent
Appellate Division Docket No.:
-against-
Sam Most,
Defendant, Appellant.
APPELLANT'S BRIEF
Mark Maker
Attorney for Defendant
999 Legislation Way
STATEMENT PURSUANT TO CPLR RULE 5531
The Docket Number in the Court below is: 123456.
The full names of the original parties were:
Breezy Hollow Apartment- Plaintiff v Sam Most- Defendant.
This appeal is on behalf of Sam Most, Defendant.
The action was commenced in the Supreme Court of the State of New York, 2nd Judicial Department, County of Metropolis.
4.
The action was commenced by the filing of a Petition in the Office of the Clerk of the Supreme Court on October 1, 2004.
5.
This action is against Sam Most and is a petition pursuant to ____ to collect back rent.
6.
This is an appeal by Sam Most from an order of the Metropolis County Supreme Court, (Johnson, J.), entered April 27, 2005.
7.
The appendix method is not being used herein.
8.
This appeal is on the original record [pursuant to an Order of this Court dated April 28, 2005, and filed and entered on April 29, 2005.
Table of Contents
Index of Authorities 1
Statement of Issues 2
Statement of Facts 2
Argument:
Constructive Eviction 3
Environmental Pollution 3
Conclusion 5
Relief 5
Notice of Appeal 6
Copy of Judgment Below 8
Certificate of Compliance 9
Index of Authorities
Statutes
N.Y. Real Prop. Law § 235b 2,3
N.Y. Real Prop. Law § 227a 3
Statement of Issues
The issue presented by this appeal is whether or not noise pollution, which is unabated by the landlord, constitutes the type of environmental pollution that can constructively evict a tenant.
Statement of Facts
Sam Most entered into a year-long lease at the Breezy Hollow Apartments. His next...
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