
    PATERNO v. DUNHAM.
    (Supreme Court, Appellate Term, First Department.
    December 18, 1913.)
    Landlord and Tenant (§ 178)—Eviction—Waiver.
    A tenant, who signs a new lease for the premises after the discovery of a condition of the premises, thereby waives a right to claim a constructive eviction by reason of the condition, in the absence of anything to show that he relied on the landlord’s promise to remedy the conditions.
    [Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. § 713; Dec. Dig. § 178.*]
    Appeal from Municipal Court, Borough of Manhattan, Fifth District.
    Action by Carolina T. Paterno against Myrtle Dunham. From a judgment of the Municipal Court for defendant, plaintiff appeals.
    Reversed, and new trial granted.
    Argued November term, 1913, before LEHMAN, PAGE, and WHITAKER, JJ.
    Ernst, Lowenstein & Cane, of New York City, for appellant.
    Roger J. Heisler, of New York City, for respondent.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

Judgment reversed, and new trial granted, with costs to appellant to abide the event, _upon the ground that the defendant waived any right she may have had to claim a constructive eviction by signing a new lease for the premises after discovery of the conditions ; there being no sufficient testimony to show that she did so in reliance upon any promise to .remedy the conditions.  