SCOTT v. RODRIGUEZ


35 Misc.2d 393 (1962)

Mathilda Scott, Appellant, v. Francisco Rodriguez, Respondent.

Supreme Court, Appellate Term, First Department.

June 28, 1962


Attorney(s) appearing for the Case

Jacob E. Heller for appellant. Englander & Englander (Herman Englander of counsel), for respondent.

Concur — HOFSTADTER, J. P., HECHT and TILZER, JJ.


Per Curiam.

The proof establishes clearly that the apartment was rented to the plaintiff by the sister of the defendant, the owner of the premises, on his behalf. She received the rent as his agent and deposited it in his bank account, over which she held a power of attorney. When the defendant departed to Puerto Rico he left her in charge of the property and she managed it as his agent. The rental to the plaintiff...

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