Opinion
December 22, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.
Appeal by plaintiff from a final judgment in an action to set aside certain deeds and a mortgage. Judgment modified on the law and facts by providing that defendant Julius Silverglate be surcharged forty-five dollars. As thus modified, the judgment, in so far as appealed from, is unanimously affirmed, without costs. The stub rent receipt records in defendant Julius Silverglate's own handwriting disclosed that there was no reduction of three dollars a month in the rent of one of the tenants of the property at No. 348 E. 91st street, and the oral testimony to the contrary, therefore, may not be credited.