Judgment, insofar as appealed from, modified on the law and the facts by inserting after the word "denied" in the second decretal paragraph the words "without prejudice to an action by defendant Rudolph Schell against defendant Lastecoueres for rent or use and occupation from the 23rd of January, 1951". As so modified, the final judgment is unanimously affirmed, with costs to appellant.
By the stipulation and the interlocutory judgment the relation of landlord and...
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