Opinion
March 23, 1927.
Appeal from the Municipal Court of the City of New York, Borough of The Bronx, First District.
Manheim Wachtell [ Meyer Grouf of counsel], for the appellant.
Irwin Isaacs, for the respondents.
The trial court erred in refusing to charge, at plaintiff's request, "that if the subtenant Brown remained in the premises after the lease had expired, without the permission of the landlord Meyerowitz, then the tenants Horowitz and Joseph, may be held by the landlord as holdovers."
Judgment reversed and a new trial ordered, with thirty dollars costs to the appellant to abide the event.
All concur; present, LYDON, LEVY and CRAIN, JJ.