TOWNHOUSE COMPANY, LLC v. PLOTKIN


12 A.D.3d 269 (2004)

784 N.Y.S.2d 365

TOWNHOUSE COMPANY, LLC, Appellant-Respondent, v. DAVID PLOTKIN, et al., Respondents-Appellants.

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

November 18, 2004.


Under the facts of this case, reasonable minds might differ as to whether the changes in elevator service rose to the level of constructive eviction. Whether the landlord's conduct was of such character as to justify the tenants' abandonment of the premises is a question for the trier of facts (see Hayden Co. v Kehoe, 177 App Div 734 [1917]). We have considered the parties' remaining contentions for affirmative relief and find them...

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