Appellate Terms of the Supreme Court of New York May 15, 1908 (Boschardt v. Scott)

GIEGERICH, J.

The tenant defends this action, which is brought by the landlord to recover, among other things, one month’s rent of apartments on the seventh or top floor of The Melville, situate at 430 West 118th street, borough of Manhattan; such defense being based on the claim that he was constructively evicted therefrom by the failure of the landlord to operate a passenger elevator to and