Opinion
January 26, 1945.
Appeal from the Municipal Court of the City of New York, Borough of the Bronx, DELAGI, J.
Charles Lichtenstein for appellant.
Nathan A. Lashin for respondent.
MEMORANDUM
In the absence of answer or defense it was error to grant a final order in favor of the tenant.
The final order should be reversed, with $10 costs, and final order directed for landlord as prayed for in petition, with costs, without prejudice to application by the tenant to the court below, under section 1436-a of the Civil Practice Act.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order reversed, etc.