The defense of partial eviction so as to discharge the payment of rent is not available in a situation where the basement of the demised premises is excessively damp. This would constitute a constructive eviction, however, if accompanied by tenant's abandonment of the premises (Boreel v. Lawton, 90 N.Y. 293; Ferguson Bros. & Forshay v. Ward, 147 N.Y.S. 868). Since the tenant, herein,...
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