Henry A. Fabrycky, Inc. v. Nad Realty Corp.

The defendant owned a loft building with an elevator therein which was used for both freight and passenger service. It demised to plaintiff by a written lease the fourth floor loft for use as a printing shop with various presses and machinery. The lease contained no express covenant to furnish elevator service and expired July 31, 1939.

Plaintiff made a contract in July, 1939, to have its machinery dismantled and removed from the premises for $150. When the machinery was ready for removal and at a time when plaintiff had paid the July rent, the defendant refused the use of the elevator to…