Not “One Inch” - A Vestige of Feudal Law Erodes in New York


It has been the law of New York for more than 150 years that a landlord's encroachment on the tenant's space, regardless of how minimal, justifies a complete abatement of all rent. Until recently. On September 15, 2005, the Appellate Division's First Department overruled that longstanding precedent.

Some commentators consider this a blockbuster ruling, while others disagree. Regardless of how one characterizes it, whenever precedent is changed so dramatically by the bench the bar is compelled to take a close look.

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