TANNENBAUM v. BEATTIE JET PRODS.


28 Misc.2d 640 (1960)

Phil Tannenbaum, as Agent of Walter Kraus, Appellant-Respondent, v. Beattie Jet Products, Inc., Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

December 1, 1960


Attorney(s) appearing for the Case

Salzman & Kaplan (Jacob A. Salzman of counsel), for appellant-respondent. Geiger & Geiger (Ernest C. Geiger of counsel), for respondent-appellant.

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


Per Curiam.

The interruption of the elevator service constituted neither a constructive nor a partial eviction. The tenant showed no defense to the rent sued for. However, the tenant might well have a counterclaim for breach of a term of the lease and the resulting damages measured by the difference in the value of the demised premises with and without elevator might well approximate the abatement allowed. In reaching conclusions on this question the clauses...

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