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Landlord & Tenant Law
Partial Constructive Eviction Defense Recognized
Black Quarry Millwork, LLC v. Sandy Littman Realty Corp., 2023 WL 8814771, AppDiv, First Dept. (memorandum opinion)
In commercial tenant's action for a declaratory judgment that it is not in breach of the lease, landlord appealed from Supreme Court's denial of its motion for summary judgment. The Appellate Division affirmed, holding that questions of fact remained about tenant's partial constructive eviction defense.
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