133 Misc. 311 | City of New York Municipal Court | 1928
The defense of surrender has not been sustained. The defendant still has the keys, and it does not appear that he did anything or said anything to turn the premises back to the landlord.
Nor was there a constructive eviction. Defendant vacated the apartment in June, leaving only some old beds and other junk that he meant to abandon. He did not move out because of any' work that was being done by the landlord; no facts appear that would lead to such an inference, and the defendant himself does not say that that is why he moved out. He first noticed the new pipes being put through early in July, and he paid the rent for the months of July and August respectively. Not having moved out because of inconvenience occasioned by the acts of the landlord, there was no eviction.
When the premises were vacated or deserted in June, the landlord
Judgment, therefore, for plaintiff.