Joylaine Realty Co. v. Samuel

In an action to recover unpaid rent, the plaintiff appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Shulman, J.), dated August 1, 2011, as, upon a decision of the same court dated March 21, 2011, made after a nonjury trial, is in favor of the defendant and against it dismissing the complaint.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

“[A] commercial tenant may be relieved of its obligation to *707pay the full amount of rent due where it has been actually or constructively evicted from either the whole or a part of…