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GUARANTY TRUST CO. v. LEONARD

Supreme Court, Appellate Term, First Department.
May 13, 1938

PER CURIAM.

The tenant being required as a holdover under the lease to pay a rental of sixty dollars a month, the trial judge was not authorized to reduce the rental to forty-five dollars a month on the theory that that figure was the fair and reasonable rental of the apartment in its disrepair.

Judgment modified by increasing the landlord's recovery to the sum of $120, with costs, and as modified affirmed, with twenty-five dollars costs to appellant.

All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.