Reste Realty Corporation v. Cooper

The opinion of the court was delivered by

Feasstois, J.

Plaintiff-lessor sued defendant-lessee to recover rent allegedly due under a written lease. The suit was based upon a charge that defendant had unlawfully aban doned the premises two and a quarter years before the termination date of the lease. The trial court, sitting without a jury, sustained tenant’s defense of constructive eviction and entered judgment for defendant. The Appellate Division reversed, holding (1) the proof did not support a finding of any wrongful act or omission on the part of the lessor sufficient to constitute a…