Practice point: To establish constructive eviction, a tenant must prove wrongful acts that deprived him of the beneficial use and enjoyment of the premises.
Students should note that partial actual eviction requires that the tenant be physically prevented from using a portion of the premises
Case: Pacific Coast Silks, LLC v. 247 Realty, LLC, NY Slip Op 05887 (1st Dept. 2010)
Here is the opinion.
Monday's issue: Motion practice.
