TWO TUDOR CITY PLACE v. JOSEPH


17 Misc.2d 870 (1959)

Two Tudor City Place, Inc., Appellant, v. Richard Joseph, Respondent.

Supreme Court, Appellate Term, First Department.

May 21, 1959.


Attorney(s) appearing for the Case

Demov & Morris (Eugene J. Morris, Robert D. Levin and Franz S. Leichter of counsel), for appellant.

Sidney R. Warren for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.


Per Curiam.

The tenant failed to prove that he was evicted from a substantial portion of the premises, the evidence revealing that there was intermittent dripping of water from air conditioners owned by other tenants in the building over which units the landlord had no control. Moreover, the dripping affected a few feet of one leg of an L-shaped terrace approximately 70 feet in length. Accordingly, the tenant was not entitled to an abatement of rent (see

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