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19 Misc. 2d 787

Kirshenbaum v. Berson

Appellate Terms of the Supreme Court of New York · decided 1959-09-25

Relies on Matter of Fusco v. City of New York

Decided 1959-09-25

Per Curiam.

¶1Tenant 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).

¶2The final order should be unanimously modified upon the law and facts by increasing landlord’s recovery to $63.67, with appropriate costs in the court below, and as so modified affirmed, without costs on this appeal to either party.

¶3Concur — Pette, Hart and Brown, JJ.

¶4Final order modified, etc.

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