BALZANO v. LUBLIN


162 A.D.2d 252 (1990)

Frank Balzano, Appellant-Respondent, v. Edward L. Lublin, Also Known as Ed Lublin, Respondent-Appellant and Third-Party Plaintiff-Appellant. Finkelstein, Borah, Schwartz, Altschuler & Goldstein et al., Third-Party Defendants-Respondents

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

June 19, 1990


Plaintiff was the tenant and defendant the landlord of a storefront. Plaintiff claims that the demised premises were damaged as a result of a fire elsewhere in the building and that he had an oral agreement with defendant whereby payment of rent was abated while plaintiff effected repairs. Plaintiff could not, however, provide any proof of this agreement or of the repairs he allegedly made, offering merely his own conclusory assertions. Plaintiff was $22,000 in arrears in...

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