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CARVER v. CROWE & CO.

202 Misc. 899 (1952)

Doris K. Carver et al., Landlords, Appellants, v. Crowe & Co., Inc., Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

May 22, 1952.

Attorney(s) appearing for the Case

Irving L. Young and Edward Morrison for appellants.

Murray H. Yachnin for respondent.

HOFSTADTER, EDER and SCHREIBER, JJ., concur.

Per Curiam.

In this summary proceeding for nonpayment of rent, payment by the tenant of the rent due dispensed with the statutory requirement of the entry of a final order for the landlords (Matter of Flewellin v. Lent, 91 App. Div. 431).

The court had no jurisdiction to adjudicate as to the alleged indebtedness of the tenant to the landlords for fuel, which was no part of the rental obligation.

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