Lewis v. Miller

The defendant leased a portion of the premises situated at the corner of Broad and Loder streets in the village of Waverly, N. Y., for a term of one year. He took possession about the 1st of July, 1930, and remained in possession until the 10th day of January, 1931, when he vacated the premises. The plaintiff sued for rent for the months of January and February. The defendant defended on the ground that there was a constructive eviction, due to the failure of the plaintiff to furnish heat as required by the terms of the written lease. The defendant also interposed a counterclaim for damages…