NORWICH REALTY AFFILIATES, INC. v. RAPPAPORT


29 A.D.2d 814 (1968)

Norwich Realty Affiliates, Inc., Appellant, v. Irving H. Rappaport, Respondent

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

February 16, 1968


GIBSON, P. J.

The sole ground of the court's decision was its finding that a "constructive partial eviction" occurred by reason of the landlord's failure to make roof repairs in accordance with the provisions of the lease, with the result that water leaked upon an area which, according to the tenant's testimony, embraced some eight square feet of his total floor space of 2,500 square feet. Respondent does not attempt to sustain the judgment upon the ground...

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