McBean v. Peaster

This is a nonpayment proceeding for rent due for the months of July and August in the amount of $50 for each month. The parties entered into a lease for a term of two years, commencing October 30, 1959, of store premises to be occupied and used as a candy store and luncheonette.

The tenant raises the defense of actual eviction as a bar to the landlord’s claim for rent. Upon weighing the credible testimony the court finds that the following are the facts:(a) The landlord failed and refused to give the tenant’s plumber reasonable access to the basement to install a water meter at the tenant’s…