East Haven Associates, Inc. v. Gurian
Civil Court of the City of New York
313 N.Y.S.2d 927 (1970)
Gurian (defendant) leased an apartment with a terrace that became unusable roughly a year into his three-year lease, after a nearby air conditioner leaked fluid and water and a nearby incinerator deposited ash onto the terrace; Gurian nonetheless remained in the apartment for about 17 months after the conditions arose before finally abandoning it with four months left on his lease. East Haven Associates (plaintiff), his landlord, sued for the unpaid rent, and Gurian claimed constructive or partial constructive eviction as a defense.
Whether a tenant who has been partially constructively evicted has the same rights as a tenant who has been actually partially evicted, including the right to withhold rent.