New York Court of Appeals

James Myers, Appellant v. James L. Burns, Respondent

March 5, 186635 N.Y. 269

Summary

The Court affirmed the judgment, holding that a tenant may counterclaim the full reasonable expense of repairs he performed under the landlord's covenant to keep the premises in repair, and may also recover damages for loss of use of rooms caused by a defective chimney flue, even when the defect stems from original construction.