Leider v. 80 William St. Co.

In a consolidated -action to rescind a lease based upon an alleged constructive eviction and for incidental damages, in which the defendant asserted a counterclaim to recover damages for breach of the lease, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered July 5, 1963 upon the court’s opinion and decision after -a nonjury trial, which dismissed the *953complaint and awarded damages to the defendant on its counterclaim. Judgment reversed on the law and on the facts, and a new trial granted, with costs to plaintiff to abide the event. The trial court excluded the…