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JOYLAINE REALTY CO., LLC v. SAMUEL

2011-08738.

100 A.D.3d 706 (2012)

954 N.Y.S.2d 179

JOYLAINE REALTY CO., LLC, Appellant, v. ROSHNI SAMUEL, Respondent.

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

November 14, 2012.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

"[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" (Johnson v Cabrera, 246 A.D.2d 578, 578-579 [1998]; see Barash v Pennsylvania Term. Real Estate Corp.,

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