Marks v. Dellaglio

This is an action brought to recover the rent of certain premises in the city of New York, under a written lease. The defense is substantially an eviction in consequence of the defective condition of the adjoining premises, also owned by the plaintiff, which caused foul odors to enter the premises in question. The defendant had been in possession of the demised premises for several years. He moved out on or about June 30, 1899. It appears from the evidence that the condition, which defendant claims justified his vacation of the premises, existed previous to June, 1896, about which time he…