Enn-Jay Realty Corp. v. Allied Instrument Corp.

This is a summary proceeding brought by the landlord against the tenant and undertenant to recover possession of the demised premises for nonpayment of rent for the month of January, 1960. The tenant and under-tenant have interposed answers of general denial; separate and distinct defenses of (1) oral agreement to do some additional work, (2) actual partial eviction, (3) acceptance of rent subsequent to commencement of proceeding, and (4) counterclaim for money damages in the sum of $7,500.

The relevant and material facts as they appear from the testimony herein and from the exhibits marked in…