TWO PARK AVE. v. INTERMED. FACTORS


17 Misc.2d 442 (1958)

Two Park Avenue Company, Appellant, v. Intermediate Factors Corporation, Respondent, et al., Undertenants.

Supreme Court, Appellate Term, First Department.

November 26, 1958.


Attorney(s) appearing for the Case

Demov & Morris (Eugene J. Morris, Matthew J. Domber and Robert D. Levin of counsel), for appellant.

Gerald Orseck, Robert Orseck and Sidney Orseck for respondent.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

Appeal No. 47. The landlord's affirmative case was admitted. There was no constructive eviction because the tenant did not quit the premises. There was no partial eviction because there was no deprivation of a substantial portion of the demised premises. The counterclaim for damages to tenant's property is inadequately pleaded and the instructions to the jury did not make this phase of the case clear and...

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