Silverstein v. Empire State Shoe Co.

Appeal from a judgment in favor of plaintiffs, entered upon a decision, for rent under a lease providing, among other things, that “before this lease commences”, and as “a condition precedent to duties under said lease”, the landlords would make certain installations. None of them were made and this failure is alleged by defendants to be a breach of a condition precedent and to constitute a complete defense to the action. Nevertheless, defendants occupied the premises and paid rent for 26 months before vacating them, at no time objecting to plaintiffs’ failure to make the installations or…