Hyperlawhypertext legal database Paterno v. Dunham 144 N.Y.S. 764

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Paterno v. Dunham

144 N.Y.S. 764 Court Argued November term, 1913, before LEHMAN, PAGE, and WHITAKER, JJ. Decision date 1913-12-18 English

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p. 764
PATERNO v. DUNHAM.
(Supreme Court, Appellate Term, First Department.
December 18, 1913.)

Headnote

Landlord and Tenant (§ 178[1] )—Eviction—Waiver.
A tenant, who signs a new lease for the premises after the discovery of a condition of the premises, thereby waives a right to claim a constructive eviction by reason of the condition, in the absence of anything to show that he relied on the landlord’s promise to remedy the conditions.
[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. § 713; Dec. Dig. § 178.*]
Appeal from Municipal Court, Borough of Manhattan, Fifth District.
Action by Carolina T. Paterno against Myrtle Dunham. From a judgment of the Municipal Court for defendant, plaintiff appeals.
Reversed, and new trial granted.
Argued November term, 1913, before LEHMAN, PAGE, and WHITAKER, JJ.
Ernst, Lowenstein & Cane, of New York City, for appellant.
Roger J. Heisler, of New York City, for respondent.

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.