524 West End Ave., Inc. v. Rawak

This action was brought to recover rent under a written lease for the months of January to April, 1925. It is not disputed that as part of the premises demised to defendant was “ the right, together with the tenant in the adjoining apartment to use the maid’s lavatory in the hallway,” and that subsequently the landlord deliberately leased this lavatory to another tenant for his exclusive use beginning on January 1, 1925, and that said tenant has actually excluded the plaintiff from the use thereof. The defense of actual partial eviction from a portion of the premises demised is thus…