105 N.Y.S. 495 | N.Y. App. Term. | 1907
This action was brought to recover money, deposited with the defendant landlord as security for the performance of the terms of the lease, less the rent for October, admittedly due by the plaintiffs to the defendant. A warrant in summary proceedings dispossessing the plaintiffs from the premises was issued on October twenty-third. Upon the trial the defendant offered evidence in support of his counterclaim
Gildersleeve and Platzek, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.