1900-51st Street Corp. v. Dennis — 182 Misc. 127

Majority

p. 127

1900-51st Street Corporation, Landlord, Appellant, v. Joseph Dennis, Tenant, Respondent.

Supreme Court, Appellate Term, Second Department,

June 15, 1944.

Morris B. Borowits for appellant.

Joseph Dennis, respondent in person. ■

There was no proof by the tenant of the expenditure of any money for heat; nor was there proof of the difference between the agreed price of the apartment when heated according to contract and its value when improperly heated. (Amalgamated Properties, Inc., v. Weiss, No. 790, Nov., 1933, Term; 35th Avenue Building Corp. v. Brodsky, No. 355, A, B, C, D, E [six cases], Oct., 1943, Term.)

p. 128

The final order should he modified to increase the amount due to landlord for January and February rent to sixty-four dollars, and as so modified, affirmed, without costs.

MacCrate, Smith and Steinbrihk, JJ., concur.

Ordered accordingly.