
    Guaranty Trust Company, Landlord, Appellant, v. William Leonard, Tenant, Respondent.
    Supreme Court, Appellate Term, First Department,
    May 13, 1938.
    
      Davis, Polk, War dwell, Gardiner & Reed [John D. Hyde of counsel], for the appellant.
    
      William A. Murphy, for the respondent.
   Per Curiam.

The tenant being required as a holdover under the lease to pay a rental of sixty dollars a month, the trial judge was not authorized to reduce the rental to forty-five dollars a month-on the theory that that figure was the fair and reasonable rental of the apartment in its disrepair.

Judgment modified by increasing the landlord’s recovery to the sum of $120, with costs, and as modified affirmed, with twenty-five dollars costs to appellant.

All concur. Present — Hammer, Shientag and Noonan, JJ.  