For Your Data Echo Consulting Services, Inc. V. Due North Conway Banking Enterprise Illustration Brief

Echo Consulting Services, Inc. v. North Conway Bank illustration brief summary
669 A.2d 227 (1995)

CASE SYNOPSIS

Plaintiff tenant brought an activity against accused landlord claiming constructive eviction, partial actual eviction, breach of an implied covenant of serenity enjoyment, in addition to breach of the lease. After a bench trial, the Superior Court (New Hampshire) denied the tenant's claims. The tenant appealed.

CASE FACTS
After the landlord, a bank, acquired the tenant's edifice it undertook a serial of renovations. The tenant contended that its employees were non able to larn far or out of the edifice through a door later regular line of piece of occupation organisation hours in addition to the solely agency of access later hours was through the raise door that was obstructed or hard at times.

DISCUSSION

The courtroom concluded that the superior courtroom correctly dismissed the tenant's partial in addition to constructive eviction claims, simply applied the incorrect legal criterion to produce upwards one's heed the serenity enjoyment issue.
The bear witness inwards the tape was sufficient to back upwards the superior court's conclusions that the tenant was non physically deprived of whatever part of the belongings leased to it, nor of whatever appurtenant rights given to it nether the lease.
The courtroom changed the state's mutual police trace past times prospectively defining the covenant of serenity enjoyment to include interference past times the landlord that did non ascent to the degree of a constructive eviction.

CONCLUSION
The courtroom affirmed the superior court's judgment dismissing the tenant's claims of constructive in addition to partial actual evictions. The courtroom reversed in addition to remanded the superior court's determination that the covenant of serenity enjoyment was non breached.

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