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Ludington v. Seaton

66 N.Y.S. 497 Court N.Y. App. Term Decision date 1900-11-09 English

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p. 497
LUDINGTON v. SEATON.
(Supreme Court, Appellate Term.
November 9, 1900.)

Headnote

Landlord and Tenant—Eviction.
Where repairs on house are made with the consent of the tenant, the making thereof does not constitute an eviction, or operate as a surrender of the lease.
Appeal from municipal court, borough of Manhattan.
Action by Marietta Ludington against Mary C. Seaton. From a judgment for plaintiff, defendant appeals.
Affirmed.
Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
W. R. A. Koehl, for appellant.
B. L. Ludington, for respondent.

The evidence warrants the conclusion that the repairs on the house were made with the consent of the defendant, and therefore the making of such repairs did not constitute an eviction, or operate as a surrender of the lease and acceptance of the surrender by the plaintiff. Judgment affirmed, with costs to respondent.