Barash v. Pennsylvania Terminal Real Estate Corp.

256 N.E.2d 707 (1970)

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Nature of the Case

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Facts

Barah (P) leased premises in a totally enclosed office building. Pennsylvania (D) represented that the building would be open 24/7 to enable tenants and others to occupy the offices at all times. D was informed that air would be circulated by a duct system when the AC was turned off. P signed the lease based on these representations, known by the landlord to be false. The lease only required D to provide air cooling from June through September from 9 am to 6 pm. P took possession of the office, and at 6 pm, D turned off the air. P claimed the office became so hot that it was not fit for usage. D refused to provide ventilation after hours unless P paid an additional fee of $25 per hour. P refused to pay rent. The lease contained a general merger clause. P sued D under a partial actual eviction and for reformation. D moved to dismiss for legal insufficiency and was denied. D appealed.