Opinion
May 13, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Fifth District.
Davis, Polk, Wardwell, Gardiner Reed [ John D. Hyde of counsel], for the appellant.
William A. Murphy, for the respondent.
The tenant being required as a holdover under the lease to pay a rental of sixty dollars a month, the trial judge was not authorized to reduce the rental to forty-five dollars a month on the theory that that figure was the fair and reasonable rental of the apartment in its disrepair.
Judgment modified by increasing the landlord's recovery to the sum of $120, with costs, and as modified affirmed, with twenty-five dollars costs to appellant.
All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.