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21 Misc. 2d 259

Ancowitz v. Sweeney

Appellate Terms of the Supreme Court of New York · decided 1959-11-16

Relies on Matter of Fusco v. City of New York

Decided 1959-11-16

Per Curiam.

¶1Tenants are not entitled to recover for the plumbing and exterminating expenses which they voluntarily *260incurred (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 dismissing tenants’ counterclaim on the merits and increasing landlord’s recovery to $333.52, with appropriate costs in the court below, and as so modified affirmed, without costs on this appeal.

¶3Concur — Pette, Di Giovanna and Brown, JJ.

¶4Final order modified, etc.

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