In 524 West End Ave. Inc. v. Rawak, 125 Misc 862, 212 N.Y.S. 287 (App Term, 1st Dep't, 1925) the court held that there had been an actual partial eviction, and that the landlord might not recover any rent otherwise due under the lease, where the right to occupy the premises demised to the tenant included the right to use jointly with another tenant in another apartment the maid's lavatory in the hallway but the landlord had deprived the tenant of the use thereof by leasing the lavatory exclusively to another tenant.