MERLAR REALTY CORP. v. FEIGEN GRAPHICS


83 Misc.2d 684 (1975)

Merlar Realty Corp., Respondent, v. Richard Feigen Graphics, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

September 29, 1975


Attorney(s) appearing for the Case

George Popkin for appellant. Benjamin Burrows and George M. Aronwald for respondent.

Concur — DUDLEY, P. J., FINE and FRANK, JJ.


Per Curiam.

The trial court's decision is predicated upon the erroneous premise that because the landlord did not affirmatively cause the condition giving rise to the two incidents of flooding, there could be no constructive eviction.

Notwithstanding that the culpable condition is not in the first instance created by the landlord, if there is an obligation on the part of a landlord to correct the condition...

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