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85 JOHN STREET PARTNERSHIP v. KAYE INSURANCE ASSOCIATES, L.P.

261 A.D.2d 104 (1999)

689 N.Y.S.2d 473

85 JOHN STREET PARTNERSHIP, Appellant-Respondent, v. KAYE INSURANCE ASSOCIATES, L.P., Respondent-Appellant.

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

Decided May 4, 1999.

If, as tenant claims, it was constructively evicted, its obligation to pay rent was suspended once it vacated (see, Johnson v Cabrera, 246 A.D.2d 578), and, having paid the rent until it vacated (compare, Herstein Co. v Columbia Pictures Corp., 4 N.Y.2d 117; Baitzel v Rhinelander, 179 App Div 735, 740-741), its claim for damages for breach of the covenant of quiet enjoyment is viable...

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