Tannenbaum v. Brattie Jet Products, Inc.

Appellate Terms of the Supreme Court of New York

Tannenbaum v. Brattie Jet Products, Inc.

28 Misc. 2d 640, 208 N.Y.S.2d 360, 1960 N.Y. Misc. LEXIS 2116

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 1, 1960

StatusPublished

This text of 28 Misc. 2d 640 (Tannenbaum v. Brattie Jet Products, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tannenbaum v. Brattie Jet Products, Inc., 28 Misc. 2d 640, 208 N.Y.S.2d 360, 1960 N.Y. Misc. LEXIS 2116 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curium.

The interruption of the elevator service constituted neither a constructive nor a partial eviction. The tenant showed no defense to the rent sued for. However, the tenant might well have a counterclaim for breach of a term of the lease and the resulting damages measured by the difference in the value of the demised premises with and without elevator might well approximate the abatement allowed. In reaching conclusions on this question the clauses of the lease would he the determining factors as to whether the interruption constituted a breach. As these questions, were neither pleaded nor properly presented, the interests of ‘justice require a new trial. It further appears that the actions might well be consolidated and an amended, answer pleading a counterclaim allowed. .' •

[641]*641The final order should be reversed and a new trial ordered, without costs to either party as against the other.

Concur—Hecht, J. P., Steuer and Timer, JJ.

Final order reversed, etc.

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Per Curium.

The interruption of the elevator service constituted neither a constructive nor a partial eviction. The tenant showed no defense to the rent sued for. However, the tenant might well have a counterclaim for breach of a term of the lease and the resulting damages measured by the difference in the value of the demised premises with and without elevator might well approximate the abatement allowed. In reaching conclusions on this question the clauses of the lease would he the determining factors as to whether the interruption constituted a breach. As these questions, were neither pleaded nor properly presented, the interests of ‘justice require a new trial. It further appears that the actions might well be consolidated and an amended, answer pleading a counterclaim allowed. .' •

[641]*641The final order should be reversed and a new trial ordered, without costs to either party as against the other.

Concur—Hecht, J. P., Steuer and Timer, JJ.

Final order reversed, etc.

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Bluebook (online)

28 Misc. 2d 640, 208 N.Y.S.2d 360, 1960 N.Y. Misc. LEXIS 2116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tannenbaum-v-brattie-jet-products-inc-nyappterm-1960.