Order, entered January 6, 1969, unanimously reversed, on the law, with $50 costs and disbursements to the appellant, and plaintiff's motion to dismiss defense granted, with costs.
In this action by a tenant against a landlord to recover damages sustained by the plaintiff as a result of an explosion and fire in the central heating system in the building, section 5-321 of the General Obligations Law precludes a defense based on the pleaded covenant in the lease insofar...
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