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.