East Haven Associates, Inc. v. Gurian

The most 'important of the several interesting issues presented by the proof in this case is whether or not the doctrine of constructive eviction is available to a residential tenant when a landlord is responsible for conditions that render part of the premises uninhabitable, and the tenant abandons that part but continues to reside in the rest of the premises. Put in another way, the question is whether New York law should recognize the doctrine of partial constructive eviction as a counterpart to partial actual eviction precisely as it has recognized for over a century constructive eviction…