HARTWIG v. 6465 REALTY CO.


67 Misc.2d 450 (1971)

Karl T. Hartwig, Respondent, v. 6465 Realty Co., Appellant.

Supreme Court, Appellate Term, First Department.

June 23, 1971


Attorney(s) appearing for the Case

Bernard I. Strauss and Nathan Cooper for appellant. Thacher, Proffitt, Prizer, Crawley & Wood (Robert S. Stitt and Raymond S. Jackson, Jr., of counsel), for respondent.

Concur — LUPIANO, J. P., STREIT and GOLD, JJ.


Per Curiam.

Appellant landlord appeals from a determination in the Civil Court of the City of New York wherein plaintiff was awarded summary judgment in the amount of $1,030, that sum representing a month's rent and security paid pursuant to the lease agreement entered into by the parties.

The litigation arises solely from the landlord's inability to deliver possession on the date specified in the lease. Section 223-a of the Real Property Law implies...

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