Paterno v. Dunham

144 N.Y.S. 764 | N.Y. App. Term. | 1913

PER CURIAM.

Judgment 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.