Levy v. Zasuly — 84 N.Y.S. 126

Majority

p. 126

LEVY et al. v. ZASULY.

(Supreme Court, Appellate Term.

June 22, 1903.)

Headnote

1. Landlord and' Tenant—Eviction—Appeal.

On a verified precept in proceedings by a landlord to recover possession and for nonpayment of rents the tenant filed a verified answer admitting the hire, but denying the indebtedness, alleging that the landlord had failed to carry out conditions; but there was no evidence of the last defense, and as to the indebtedness the landlord testified for and the tenant against it. Held, that the final order in favor of the landlord would not be disturbed on appeal.

Appeal from Municipal Court, Borough of Manhattan, Fifth District.

Action by Max Levy and another against Louis Zasuly. From a judgment for plaintiffs, defendant appeals. Affirmed.

Argued before FREEDMAN, P. J., and GILDERSLEEVE and MacLEAN, JJ. .

Henry M. Heymann, for appellant.

L. and A. U. Zinke, for respondents. .

Upon the return of a verified precept in proceedings to recover possession of the premises at No. 349 Madison avenue, and for nonpayment of the rents for the months of March and April of the current year, the tenant filed a verified answer admitting the hire, but denying the indebtedness, and alleging that the landlords had failed to carry out the conditions of the agreement. Respecting the last defense, no evidence was given. As to the indebtedness, the landlords testified in support of the allegations in their petition, and the defendant in contradiction. The final order rendered by the learned justice should not be disturbed.

Final order affirmed, with costs and disbursements. All concur.