Jacob Elishewitz & Sons Co. v. Barry Equity Corp.

Plaintiff is engaged in the manufacture of hats and requires live steam in this process. In a series of written leases terminating in 1947 it was agreed between the parties that defendant as landlord would furnish steam for plaintiff’s use at a charge separate from the rent. Since the termination of the last lease in 1947 plaintiff has occupied the premises as a statutory tenant.

Before the amendment to the Commercial Bent Law by chapter 416 of the Laws of 1952, a failure by a landlord to furnish steam would have been regarded as a diminution of £ £ services ’ ’ as defined by that statute, but…