Two Park Avenue Co. v. Intermediate Factors Corp.

Appeal No. 47. The landlord’s affirmative case was admitted. There was no constructive eviction because the tenant did not quit the premises. There was no partial eviction because there was no deprivation of a substantial portion of the demised premises. The counterclaim for damages to tenant’s property is inadequately pleaded and the instructions to the jury did not make this phase of the case clear and were so bound up with issues that should not have been presented at all that the findings of the jury cannot be • considered as a determination of the facts. The counterclaim is dismissed…