Judgment unanimously reversed, without costs, and motion denied.
Memorandum:
Plaintiff sued its tenant for past-due rent in the amount of $11,000 and defendant answered asserting the affirmative defense of partial constructive eviction. It also pleaded two counterclaims alleging breach of the lease covenant to repair and seeking damages in the total amount of $17,322.50. We agree with Special Term that the affirmative defense is not sufficient to defeat the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.