Minjak Co. v. Randolph
New York Supreme Court, Appellate Division
528 N.Y.S.2d 554 (App. Div. 1988)
Randolph and Kikuchi (defendants) rented a Manhattan loft from Minjak (plaintiff) and, due to Minjak's ongoing construction, suffered severe water leaks and clouds of sand and dust that damaged their clothes, bedding, and food, causing eye, throat, and sinus problems, and forcing Kikuchi to keep his music-studio equipment covered and unusable; Minjak did nothing to address the problems despite repeated requests. Randolph and Kikuchi began paying only one-third of the rent given Kikuchi's inability to use the studio space, and after Minjak sued for the unpaid rent, the trial court ruled for the tenants, awarding rent abatement and punitive damages, before the appellate court reversed and the tenants appealed further.
Whether a tenant must abandon the entire premises to assert a defense of constructive eviction against a claim for the nonpayment of rent.