1900-51ST STREET CORP. v. DENNIS

Per Curiam.

There was no proof by the tenant of the expenditure of any money for heat; nor was there proof of the difference between the agreed price of the apartment when heated according to contract and its value when improperly heated. ( Amalgamated Properties, Inc., v. Weiss, No. 790, Nov., 1933, Term; 35th Avenue Building Corp. v. Brodsky, No. 355, A, B, C, D, E [six cases], Oct., 1943, Term.)

The final order should be modified to increase the amount due to landlord for January and February rent to sixty-four dollars, and as so modified, affirmed, without costs.

MacCRATE, SMITH and STEINBRINK, JJ., concur.

Ordered accordingly.