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East Haven Associates, Inc. v. Gurian

313 N.Y.S.2d 927 (1970)

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East Haven Associates, Inc. v. Gurian

Civil Court of the City of New York

313 N.Y.S.2d 927 (1970)

Facts

Gurian (defendant) entered into a lease agreement for an apartment in a building that was later purchased by East Haven Associates, Inc. (plaintiff). Gurian’s apartment had a terrace, but, approximately a year into his three-year lease, the terrace became unusable. In early 1965, the central air conditioner steadily emitted a green fluid and a stream of water, and a nearby incinerator deposited ash onto the terrace. Gurian abandoned the apartment with approximately four months still remaining on the lease agreement. East Haven sued Gurian, seeking the unpaid rent and other damages. Gurian argued that he had been constructively evicted or at least partially constructively evicted.

Rule of Law

Issue

Holding and Reasoning (Sandler, J.)

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