WEST BROADWAY GLASS CO. v. I.T.M. BAR INC.


245 A.D.2d 232 (1997)

666 N.Y.S.2d 629

West Broadway Glass Company, Appellant, v. I.T.M Bar Inc., Respondent

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

December 30, 1997


Severe water/sewer problems existed from the commencement of the lease in October 1993, inhibiting the tenant's renovation of the premises and delaying its opening of a bar and restaurant. Full rent abatements were negotiated through October 1994, but the problem persisted. This summary nonpayment proceeding seeks recovery of rent ($18,675) for the period since the last stipulated abatement. The case went to trial on the tenant's affirmative defenses of constructive eviction...

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