Colonial Court Apartments, Inc. v. Kern

This is an appeal from an order of the municipal court denying plaintiff’s alternative motion for judgment notwithstanding the findings or for a new trial in an action for rent. The trial court found for defendant, holding that there had been a constructive eviction. Plaintiff contends that the findings are not supported by the record.

From the record it appears that plaintiff, Colonial Court Apartments, Inc., rented an apartment to defendant, Irene Kern, for a 1-year term to begin January 1, 1966. The apartment immediately above was occupied by a young couple. When Mrs. Kern leased from…