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THAW v. SCHWARTZ

278 A.D. 948 (1951)

Celia Thaw et al., Respondents, v. Morris Schwartz et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1951.

Judgment affirmed, with costs.

No opinion.

MacCrate, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

The finding in the opinion of the Trial Justice that the leases had been amended or modified was not warranted by the evidence. The application of part of the security, with the consent of the tenants, to part payment of the rent for March, 1950, did not constitute a modification of...

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