Legal Opinion
85 John Street Partnership v. Kaye Insurance Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1999PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 22, 1998, which, inter alia, sustained defendant tenant’s counterclaims for constructive eviction and electrical overcharges, and dismissed its affirmative defense of failure to mitigate damages, unanimously modified, on the law, to dismiss that portion of tenant’s counterclaim *105for constructive eviction as is based upon landlord’s alleged faulty provision of electricity to the third and thirteenth floors, and otherwise affirmed, without costs.
If, as tenant claims, it was constructively evicted, its obligation to pay…
2Cases cited5 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Johnson v. CabreraAppellate Division of the Supreme Court of the State of New York · 1998
- Baitzel v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Dance Magic, Inc. v. Pike Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Ring v. Arts International, Inc.Civil Court of the City of New York · 2004
- Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
- City of Troy, New York v. 1776 Sixth Avenue, Troy, LLCAppellate Division of the Supreme Court of the State of New York · 2015