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Seabrook v. Commuter Housing Co.

Civil Court of the City of New York
338 N.Y.S.2d 67 (1972)


Facts

Seabrook (plaintiff) signed a lease in Commuter Housing Co.’s (CHC) (defendant) apartment building, which was under construction at the time. Seabrook paid a month’s rent and security deposit up front. She was not represented by counsel when she signed the lease. The lease was to begin on March 1, 1972, but contained clauses that stated that if the building was not ready by the time the lease was to begin, the lease would begin on the day the construction was completed. CHC did not point out these clauses to Seabrook when she signed the lease. The building was not completed on March 1. On May 12, 1972, Seabrook notified CHC that she could not wait any longer for construction and asked that the lease be cancelled. CHC refused to cancel the lease. On June 29, 1972, CHC notified Seabrook that the building was complete and that the lease would begin on July 1, 1972, four months after the lease was originally scheduled to begin. Seabrook brought suit to recover the month’s rent and security deposit she paid.

Rule of Law

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Issue

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Holding and Reasoning (Kassoff, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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