New York Court of Appeals
Barash v. Pa. Term. Real Estate Corp.
January 14, 197026 N.Y.2d 77
Summary
The Court held that the tenant's claim of inadequate ventilation did not amount to an actual or constructive eviction because the tenant remained in possession, and that the reformation claim failed for lack of a pleading of unilateral mistake. Accordingly, both causes of action were dismissed, with leave to the tenant to seek permission to replead.