East 46th Street Realty Corp. v. Gutschneider
Appellate Division of the Supreme Court of the State of New York
Appeal by the landlord, East 46th Street Realty Corporation, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 15th day of May, 1918, affirming a final order in favor of the tenant in a summary proceeding brought in the Municipal Court of the City of New York.
1Opinion of the Court
Shearn, J.:
The defense was that the landlord had violated the terms of the lease, which not only disentitled it to relief but for which violation the defendant had sustained and was entitled to recover damages by way of counterclaim. The alleged violation was the failure of the landlord to furnish the tenant after five-thirty p. m. with five steam for use in the business of the tenant to which the tenant was entitled, as he claims, under the provisions of the lease. The lease contained the following provisions governing the obligation of the landlord to furnish the tenant with five steam and…
2Cited by1 opinion
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