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JOHNSON v. CABRERA

246 A.D.2d 578 (1998)

668 N.Y.S.2d 45

Annamae Johnson, Appellant, v. Juan Cabrera, Doing Business as South Express Courier, Respondent

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

January 20, 1998

Ordered that the order is affirmed, with costs.

It is well settled that a commercial tenant may be relieved of its obligation to pay the full amount of rent due where it has been actually or constructively evicted from either the whole or a part of the leasehold (see, Barash v Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77; Union City Union Suit Co. v Miller,...

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