Mack Kanner & Sons, Inc. v. Abramowitz

This is an action for rent and damages in which the defense pleaded is constructive eviction.

The defendant who was a tenant in one of plaintiff’s stores on Broadway, Hicksville, claims that leaks at the show windows and also water driving under the front entrance door during rain storms, damaged some of his merchandise and rendered the premises untenantable.

This was a five-year lease which commenced on August 1,1952. The tenant was in possession for about three years when he vacated the premises at the end of September, 1955. He testified that the premises leaked for almost the entire time of…