Court: |
New York (Court of Appeals?) |
|
Facts: |
Worst possible conditions: no heat, no hot water, cellar full of water,
vermin, holes in floor and wall, etc. |
|
Posture: |
I think this is just the trial, maybe. |
|
Issue: |
Is the landlord entitled to the rent? |
|
Holding: |
No. Preposterous. |
|
Rule: |
Enforcing this would be unconscionable. |
|
Reasoning: |
It's confiscatory to require people to pay for things they never
received. |
|
Dicta: |
Note: on appeal, the court said there was no constuctive eviction,
but there might be remedies available under the statute. |