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What Happened: An office tenant first became disenchanted when the HVAC system failed and it had to install a new air conditioning unit at its own expense. Two years later, the landlord had to bring in a contractor to completely replace the building’s terra cotta façade. The tenant stopped paying rent. When the landlord sued, the tenant claimed partial constructive eviction, among other things.
Ruling: The New York court dismissed the partial constructive eviction claim.
