HOFFER v. CORWIN


62 Misc.2d 60 (1970)

Joseph Hoffer et al., Plaintiffs, v. Clyde W. Corwin et al., Defendants.

City Court of Port Jervis, Orange County.

February 27, 1970


Attorney(s) appearing for the Case

Holley & Goldman for plaintiffs. Frank D. Blizard, Jr., for defendants.


ELIAS ARONSON, Acting City Judge.

This action is for damages allegedly due by reason of a breach of a written lease prior to the expiration date thereof. The answer interposed contained a general denial and what purported to be a separate defense. In effect, there was an inference that the defense would be in the nature of a constructive eviction. Thus a question of fact is presented.

Plaintiffs, some months after the joinder of issue, moved to...

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