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DRESSES FOR LESS, INC. v. LENROTH REALTY CO., INC.

260 A.D.2d 220 (1999)

688 N.Y.S.2d 50

DRESSES FOR LESS, INC., Appellant, v. LENROTH REALTY CO., INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 13, 1999.

A fair interpretation of the evidence supports the trial court's findings, based largely on witness credibility, that the alleged water leakage problem in the leased premises was not so severe as to constitute a constructive eviction, and that to the extent there was a problem, it was for the most part attributable to a portion of the premises that under the lease was the tenant's responsibility to fix (see, Thoreson v Penthouse Intl., 80 N.Y.2d 490...

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