Opinion
December 11, 1947.
Appeal from the Municipal Court of the City of New York, Borough of Bronx, LORETO, J.
Abraham J. Yasgour for appellant.
MEMORANDUM
The tenant was not entitled to an offset for the time that was required to repair the damage due to the fire, which was not caused by the landlord's negligence. There was never any surrender of the premises by the tenant and therefore the tenant was not relieved of his obligation to pay rent ( Smith v. Kerr, 108 N.Y. 31).
The final order should be reversed, with $30 costs, and final order directed for landlord for possession of the premises described in the petition, with costs.
HAMMER, HOFSTADTER and HECHT, JJ., concur.
Final order reversed, etc.