Friedman-White Realty Co. v. Garage Development Corp.

The proceeding is for non-payment of rent for March and April, 1927, of a two-story garage under a written lease. The tenant continuing in possession, pleads eviction as a defense. A prior final order for the landlord was reversed by the Appellate Term for the erroneous exclusion of evidence. The demised premises consist of a two-story garage with floor space for approximately 125 cars.

Resolving the facts most favorably to the tenant, they are that, by reason of a defective condition of the roof, rain leaked through the ceiling on the upper floor and upon certain automobiles'stored therein.…