Esarsee, Inc. v. Holland

Judgment and order of the City Court of Mount Vernon denying defendant’s motion to set aside the verdict reversed on the law and the facts and a new trial ordered, costs to appellant to abide the event. The charge of the trial court was inadequate. It left the jury to infer that after the condition first arose the defendant was bound to move out or be regarded as waiving the right to claim a constructive eviction. Defendant, by remaining in the premises and paying rent from month to month, did not, as matter of law, waive his claim of a constructive eviction. The testimony showed a…