Appellate Terms of the Supreme Court of New York, 1938

Broadway-170th Street Holding Corp. v. Metz

Appellate Terms of the Supreme Court of New York · Decided April 28, 1938

167 Misc. 569; 4 N.Y.S.2d 222; 1938 N.Y. Misc. LEXIS 1562

Counsel

Nathan W. LaPotin, for the appellant., Robert J. Schwartz, for the respondent.

Opinion of the Court

Per Curiam.

The landlord was authorized to apply for the precept by its agent. (Civ. Prac. Act, § 1414.) On the trial the agent merely appeared as a witness. Neither the petition nor the precept demanded a judgment for rent. (Fourteenth Street Realty Corp. v. Deutsch, 136 Misc. 50.)

Final order modified by striking out so much thereof as renders a money judgment for petitioner and as modified affirmed, with twenty-five dollars costs to tenant.

Lydon and Frankenthaler, JJ., concur; Hammer, J., concurs in result only.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.