Fromm v. City of New York — 196 A.D. 980

Majority

p. 980

Solomon Fromm, Respondent, v. The City of New York and Lindley M. Garrison, as Receiver, etc., Appellants.

Judgment reversed and new trial granted, with costs to abide the event, unless within ten days plaintiff stipulates to reduce the rental damages recovered to the sum of $1,200; in which event the judgment as so modified is unanimously affirmed, with costs, upon the ground that in no event could the defendant receiver be responsible for rental damages prior to the date of his appointment. Blaekmar, P. J., Mills, Rich, Putnam and Jaycox, JJ., concur.