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New York Supreme Court, 1945

Cohen v. Kaplan

Cohen v. Kaplan
New York Supreme Court · Decided January 26, 1945
184 Misc. 357; 55 N.Y.S.2d 213; 1945 N.Y. Misc. LEXIS 1823

Counsel

Charles Lichtenstein for appellant., Nathan A. Lashin for respondent.

Cohen v. Kaplan

Opinion of the Court

Memorandum Per Curiam.

In the absence of answer or defense it was error to grant a final order in favor of the tenant.

The final order should be reversed, with $10 costs, and final order directed for landlord as prayed for in petition, with costs, *358without prejudice to application by the tenant to the court below, under section 1436-a of the Civil Practice Act.

Hammer, Shientag and Heoht, JJ., concur.

Order reversed, etc.

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