The following excerpt is from Leventhal v. Straus, 197 Misc. 798 (N.Y. Dist. Ct. 1950):
refusal of the landlord to permit the tenant to exercise this right, constitutes an eviction, defeating the landlord's action for rent (Presby v. Benjamin, 169 N.Y. 377).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.