Ben Har Holding Corp. v. Fox

This is an action to recover the sum of $135 as rent for an apartment on the first floor of the building No. 215-37 Lawrence boulevard, Bayside, N. Y., for the months of October, November and December, 1932, under a written lease entered into between the parties on December 31, 1931.

Upon the trial the defendant stipulated that the only defense to be passed upon by the court was that of constructive eviction. Therefore, the initial question of whether the defendant is hable for the October rent is resolved against him, since he admits that he *301occupied the premises until October twenty-fifth,…