Opinion
April 28, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Seventh District.
Nathan W. LaPotin, for the appellant.
Robert J. Schwartz, for the respondent.
The landlord was authorized to apply for the precept by its agent. (Civ. Prac. Act, § 1414.) On the trial the agent merely appeared as a witness. Neither the petition nor the precept demanded a judgment for rent. ( Fourteenth Street Realty Corp. v. Deutsch, 136 Misc. 50.)
Final order modified by striking out so much thereof as renders a money judgment for petitioner and as modified affirmed, with twenty-five dollars costs to tenant.
LYDON and FRANKENTHALER, JJ., concur; HAMMER, J., concurs in result only.