Constructive Eviction Claim Not Valid

February 27, 2013
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Facts: A tenant who provided physical therapy services rented space on the top floor of a five-story building. After three months, the tenant stopped paying full rent. The owner sued the tenant to recover the space and won. The tenant sued the owner for constructive eviction. The tenant claimed that the owner’s failure to maintain the site and elevator caused it to lose many patients, and to suffer numerous cancellations, leading to it losing $250,000 in business.

Decision: A New York trial court ruled in favor of the owner.

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