Barash v. Pennsylvania Terminal Real Estate Corp.
Court of Appeals of New York
256 N.E.2d 707 (1970)
Barash (plaintiff) leased sealed office space from Pennsylvania Terminal Real Estate Corp. (defendant) after the landlord represented the building would have continuous air flow, though the signed lease — which had a merger clause disclaiming outside promises — only required air cooling during set weekday hours. After taking possession, Barash found the office unbearably hot once the landlord cut the air off at 6 pm, and the landlord would only provide after-hours ventilation for a fee. Barash stopped paying rent and sued, claiming the lack of after-hours air was an actual partial eviction. The Appellate Division ruled for Barash.
Whether a landlord's failure to provide something not required under the lease constitutes an actual or constructive eviction.