
    FREEDMAN, Respondent, v. KRAMER Appellant.
    (Supreme Court, Appellate Term
    February 27, 1906.)
    Appeal from Municipa Court, Borough of Manhattan, Fifth District Action by Benjamin Freedman against Michae Kramer. From a judgment for plaintiff, de fendant appeals.
    Modified.
    Jacob Rieger, foi appellant.
    Charles Tolleris, for respondent.
   PER CURIAM.

The plaintiff owed defend ant $30 for the June rent, and the fact of thi fire did not cancel this indebtedness. The evi dence that the premises were rendered “uninhab ¡table and wholly unfair for occupancy” wa; slight, but we do not feel called upon to overruh the decision of the trial justice on this point The judgment must be modified, by deducting the $30 owed by plaintiff to defendant, and, a¡ modified, affirmed, without costs.  