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EAST END TEMPLE v. SILVERMAN

199 A.D.2d 94 (1993)

605 N.Y.S.2d 56

East End Temple, Respondent, v. Linda Silverman, Also Known as Linda Baker, Appellant

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

December 14, 1993

The defendant tenant's claim of a constructive eviction is without merit. The defendant tenant's own testimony reflects that a one time occurrence of smoke prompted her to vacate her apartment. This single day of inconvenience does not amount to a substantial and material deprivation of use and enjoyment of the premises (Barash v Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 83). Further, the tenant did not abandon possession...

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