
    Harry Schechter, Respondent, v. Minnie Weiss, Appellant.
    Supreme Court, Appellate Term, First Department,
    January 23, 1947.
    
      Harry Rappaport for appellant.
    
      Samuel Brill and Harry SchecMer, in person, for respondent.
   Per Curiam.

There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs. As a statutory tenant, plaintiff’s rights and obligations are those fixed by the lease. A diminution of service might justify an application to the Office of Price Administration, for a reduction in rent but would not support an action, ex contractu, for repairs made by plaintiff.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

Hammer, Shiehtag and Hecht, JJ., concur.

Judgment reversed, etc.  