Paterno v. Dunham
144 N.Y.S. 764
N.Y. App. Term.1913Check TreatmentJudgment reversed, and new trial granted, with costs to appellant to abide the event, _upon the ground that the defendant waived any right she may have had to claim a constructive eviction by signing a new lease for the premises after discovery of the conditions ; there being no sufficient testimony to show that she did so in reliance upon any promise to .remedy the conditions.