¶1The trial court erred in refusing to charge, at plaintiff’s request, “ that if the subtenant Brown remained in the premises after the lease had expired, without the permission of the landlord Meyerowitz, then the tenants Horowitz and Joseph, may be held by the landlord as holdovers.”
¶2Judgment reversed and a new trial ordered, with thirty dollars costs to the appellant to abide the event.
¶3All concur; present, Lydon, Levy and Crain, JJ.