ANCOWITZ v. SWEENEY


21 Misc.2d 259 (1959)

David Ancowitz, Appellant, v. Frank M. Sweeney et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 16, 1959.


Attorney(s) appearing for the Case

Raphael, Searles, Levin & Vischi (William Levin of counsel), for appellant.

William F. Laffan, Jr., for respondents.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.


Per Curiam.

Tenants are not entitled to recover for the plumbing and exterminating expenses which they voluntarily incurred (Perlmutter v. Timely Toys, 8 A.D.2d 834; Davar Holdings v. Cohen, 255 App. Div. 445, affd. 280 N.Y. 828; Emigrant Ind. Sav. Bank v. 108 W. 49th St. Corp., 255 App. Div. 570).

The final order should be unanimously modified upon...

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