Constructive Eviction
Thor 725 8th Avenue LLC v. Goonetilleke
NYLJ 3/11/15, p. 21, col. 1
U.S. Dist. Ct, SDNY
(Engelmayer, J.)
In landlord's action for $2 million in past-due rent, corporate tenant's principals moved for discovery. The court denied the motion, holding that tenant could not prevail on a constructive eviction theory even if discovery revealed that landlord had interfered with tenant's enjoyment of the premises.
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