Kerwin v. MacMaster

Appellate Terms of the Supreme Court of New York

Decided March 5, 1908

Appellate Terms of the Supreme Court of New York · decided 1908-03-05

<p>Landlóbd and Tenant—Rent—Sufficiency of Evidence.</p> <p>Where, in an action for rent, the evidence shows that defendant was in possession under a lease for a definite term, that her possession was in no way disturbed, and that she resisted the action merely because she believed the act of the landlord in refusing to renew the lease was arbitrary, a judgment for defendant cannot be sustained.</p>

Decided 1908-03-05

PER-CURIAM.

¶1Concededly the defendant was in possession under a lease to continue until September 1st. Her possession was in no way disturbed, yet, because displeased with what she considered the arbitrary action of the landlord' in refusing a renewal after September 1st, she left the premises in July, and has successfully resisted *1017a suit for the agreed rental. We fail to find any evidence in the record which would indicate a defense to the landlord’s cause of action, and the judgment for the defendant is quite without warrant in law upon the undisputed facts.

¶2Judgment reversed, and new trial ordered, with costs to appellant to abide the event.