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KIRSHENBAUM v. BERSON

19 Misc.2d 787 (1959)

Leo Kirshenbaum, Appellant, v. Irwin Berson, Respondent.

Supreme Court, Appellate Term, Second Department.

September 25, 1959.

Attorney(s) appearing for the Case

Louis Dubin for appellant.

No appearance for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

Tenant is not entitled to recover for the expense of the exterminator service which he 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 the law and facts by increasing landlord's recovery...

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