93 N.Y.S. 1116 | N.Y. App. Term. | 1905
This is an action for rent reserved under a lease in writing. Defendant claims an eviction because the premises in question were rendered untenantable and unfit for occupancy by reason of their flooding with water after a storm on the evening of September 15th. Defendant did not vacate the premises in question, according to his own testimony, until October 5th or '6th, remaining in possession thereof during the interval. It is ap
Judgment reversed, and new trial ordered, with costs to appellant to abide the event.