630 McKinley Square Corp. v. Great Atlantic & Pacific Tea Co.

This is an action brought by the plaintiff landlord to recover rent for a store leased to the defendant tenant pursuant to lease between the parties dated February 9, 1954. The unpaid rent is for the months of March, 1966, through May, 1967, excepting the month of April, the parties having stipulated that the rent due is $8,721.97. Against this sum defendant asserts a defense of payment for the repair of the store’s floor and sleepers thereunder, allegedly plaintiff’s obligation.

Plaintiff alternately contends that the repair was not necessary, that it was an ordinary repair within the terms…