400 Madison Ave. v. Etno, Inc.


May 25, 2009


(Civ. Ct. N.Y. Cty. 3/28/94)

Respondent tenant was allowed to introduce parole evidence in support of its claim for a five-month rent allowance where subject lease clause failed to express the true agreement of the parties. Landlord, a foreign partnership, could not obtain a judgment against tenant without first obtaining a certificate of authority to do business in the state. Court held that tenant was entitled to an abatement where the landlord failed to repair roof of building.  Link to Full Text of Decision