Brust v. Asselta

Appeal by the landlords from a final order and judgment (one paper) of the County Court of Putnam County dismissing their petition in nonpayment summary proceedings, and from two orders denying their motions to set aside the verdict of the jury. Final order and judgment reversed on the law and the facts, and a new trial ordered, with costs to appellants to abide the event. The defense was actual partial eviction in that an instrument executed September 10, 1946, by which the tenant purported to release two portions of the demised premises was obtained by fraud and without consideration. Both…