1900-51st Street Corp. v. Dennis

Memorandum Per Curiam.

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.)

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.

Case Details

Case Name: 1900-51st Street Corp. v. Dennis

Court Name: Appellate Terms of the Supreme Court of New York

Date Published: Jun 15, 1944

Citation: 182 Misc. 127

Court Abbreviation: N.Y. App. Term.