Opinion
October 22, 1951.
Present — Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ. [See post, p. 666; 280 App. Div. 895.]
In a summary proceeding to recover possession of real property for nonpayment of rent and for judgment of arrears of rent, the tenant counterclaimed for alleged excess payment of rent. The Municipal Court of the City of New York, Borough of Brooklyn, Eighth District, rendered judgment in favor of the tenant on his counterclaim. The Appellate Term modified the judgment by striking out the award to the tenant and awarded judgment in favor of the landlord for one month's rent, $114, plus $102 arrears in rent. Leave to appeal was granted by this court. Order of the Appellate Term unanimously affirmed, with costs. No opinion.