1050 Park Avenue Corp. v. Connett

The defense of surrender has not been sustained. The defendant still has the keys, and it does not appear that he did anything or said anything to turn the premises back to the landlord.

Nor was there a constructive eviction. Defendant vacated the apartment in June, leaving only some old beds and other junk that he meant to abandon. He did not move out because of any' work that was being done by the landlord; no facts appear that would lead to such an inference, and the defendant himself does not say that that is why he moved out. He first noticed the new pipes being put through early in July,…