Gombo v. Martise

1964

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.