Coleman Holding Corp. v. Altman

Lewis, David C., J.

The landlord seeks a final order and judgment for the rent of a store and basement. The tenant countérclaims for damages — caused by leakage from pipes under the landlord’s control.

In its original form the counterclaim rested in negligence. Upon *725the trial it was amended to plead a covenant to repair by the landlord; and its breach by the landlord.

The jury allowed the plaintiff its rent; and awarded the defendant $2,000 on his counterclaim.

The plaintiff moves to.set aside the verdict rendered on the counterclaim on the following grounds:

1. The tenant could not properly…