Opinion
June 15, 1944.
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, BROCK, J.
Morris H. Horowitz for appellant.
Joseph Dennis, respondent in person.
MEMORANDUM
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 be 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 STEINBRINK, JJ., concur.
Ordered accordingly.