From Casetext: Smarter Legal Research

Waldene Realty Co., Inc. v. Pfalzer

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1928
223 App. Div. 787 (N.Y. App. Div. 1928)

Opinion

March, 1928.


Judgment of the County Court of Nassau county reversed upon the law and the facts, with costs, and judgment directed for plaintiff for $170, with interest and costs. The defense of an eviction was waived by reason of the tenant's continuing in possession and paying the rent during August and September. ( Merida Realty Co. v. Coffin, 123 N.Y. Supp. 120.) The evidence does not disclose an untenantable condition subsequent to a few days after July 26, 1926. ( Ernst v. Wheatley, 93 N Y Supp. 1116.) In view of this disposition of the case, the appeal from the order denying plaintiff's motion for a new trial is dismissed. Lazansky, P.J., Rich, Kapper, Hagarty and Carswell, JJ., concur.


Summaries of

Waldene Realty Co., Inc. v. Pfalzer

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1928
223 App. Div. 787 (N.Y. App. Div. 1928)
Case details for

Waldene Realty Co., Inc. v. Pfalzer

Case Details

Full title:WALDENE REALTY CO., INC., Appellant, v. ARTHUR PFALZER, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1928

Citations

223 App. Div. 787 (N.Y. App. Div. 1928)

Citing Cases

Merritt v. Tague

And where two months have elapsed after the acts relied upon before giving up possession of the premises,…

Heissenbuttel v. Comnas

There would be, therefore, no liability for rent due after the abandonment of the premises by the tenant on…