Opinion
December 15, 1998
Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).
Whether defendant failed to abandon the premises with reasonable promptness after plaintiffs alleged wrongful failure to provide services and perform acts called for under the parties' leases, and thereby waived the right to claim constructive eviction, is an issue of fact ( see, Leider v. 80 William St. Co., 22 A.D.2d 952). It is unclear when, if ever, the conditions that allegedly caused defendant to abandon the premises became so severe as to necessitate the abandonment.
Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.