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Landlord & Tenant Law

Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent

9 minute readApril 01, 2024 at 12:07 AM
By
New York Real Estate Law Reporter Staff
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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