Zel-Cla Construction Co. v. Hallman

Per Curiam.

In view of the promises of repair made by the plaintiff, we do not deem the defendant’s delay sufficient to forfeit her right to claim a partial eviction. The disposition of this case should, therefore, turn upon a determination whether the conditions in the apartment warranted the defendant in abandoning it. This question of fact should be determined upon a new trial. The judgment appealed from should, therefore, be reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ. Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.