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Miltonian Realty Corp. v. Markowitz

184 Misc. 360 Court Supreme Court, Appellate Term, Second Department, Decision date 1945-01-12 English

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p. 360
Miltonian Realty Corp., Landlord, Appellant, v. Hyman S. Markowitz, Tenant, Respondent.[1]
Supreme Court, Appellate Term, Second Department,
January 12, 1945.
George A. Roland for appellant.
Irving Ostrow for respondent.

Upon this record it appears that the concession was limited by the terms of the renewal of the lease to the month of September, 1943. It was therefore error to grant judgment for the tenant.

p. 361
The final order and judgment should be reversed upon the law, with $30 costs to the landlord, and final order and judgment directed for the landlord for $80, with appropriate costs in the court below.

MacCrate, Smith and McCooey, JJ., concur.

Order and judgment reversed, etc.