Ancowitz v. Sweeney

Appellate Terms of the Supreme Court of New York

Ancowitz v. Sweeney

21 Misc. 2d 259, 199 N.Y.S.2d 736, 1959 N.Y. Misc. LEXIS 2630

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 16, 1959

StatusPublished

This text of 21 Misc. 2d 259 (Ancowitz v. Sweeney) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ancowitz v. Sweeney, 21 Misc. 2d 259, 199 N.Y.S.2d 736, 1959 N.Y. Misc. LEXIS 2630 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Tenants are not entitled to recover for the plumbing and exterminating expenses which they voluntarily [260]*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).

The 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.

Concur — Pette, Di Giovanna and Brown, JJ.

Final order modified, etc.

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