Two Tudor City Place, Inc. v. Joseph

Appellate Terms of the Supreme Court of New York

Two Tudor City Place, Inc. v. Joseph

17 Misc. 2d 870, 187 N.Y.S.2d 148, 1959 N.Y. Misc. LEXIS 3656

Appellate Terms of the Supreme Court of New York·Decided May 21, 1959·Published

Opinion

Per Curiam.

The tenant failed to prove that he was evicted from a substantial portion of the premises, the evidence revealing that there was intermittent dripping of water from air conditioners owned by other tenants in the building over which units the landlord had no control. Moreover, the dripping affected a few feet of one leg of an L-shaped terrace approximately 70 feet in length. Accordingly, the tenant was not entitled to an abatement of rent (see Two Park Ave. Co. v. Intermediate Factors Cory., 17 Misc 2d 442).

The final order so far as appealed from should be reversed, with $30 costs; and final order directed for landlord as prayed for in petition, with costs.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Pinal order reversed, etc.

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Per Curiam.

The tenant failed to prove that he was evicted from a substantial portion of the premises, the evidence revealing that there was intermittent dripping of water from air conditioners owned by other tenants in the building over which units the landlord had no control. Moreover, the dripping affected a few feet of one leg of an L-shaped terrace approximately 70 feet in length. Accordingly, the tenant was not entitled to an abatement of rent (see Two Park Ave. Co. v. Intermediate Factors Cory., 17 Misc 2d 442).

The final order so far as appealed from should be reversed, with $30 costs; and final order directed for landlord as prayed for in petition, with costs.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Pinal order reversed, etc.

Two Tudor City Place, Inc. v. Joseph, 17 Misc. 2d 870, 187 N.Y.S.2d 148, 1959 N.Y. Misc. LEXIS 3656 (N.Y. Ct. App. 1959).

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Opinion

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