
    Underwriters Salvage Company of New York, Landlord, Respondent-Appellant, v. Kirkman Engineering Corporation, Tenant, Appellant-Respondent.
    Supreme Court, Appellate Term, First Department,
    November 24, 1948.
    
      
      Edward C. McLean and D. Bret Carlson for appellant-respondent.
    
      Irving M. Getnick and Thomas Watters, Jr., for respondent-appellant.
   Per Curiam.

It appears that on the termination of the lease, the tenant, as a statutory tenant, paid as emergency rent, the amount reserved in the lease plus 15%. This is the rent which should have been exacted during the period of the stay.

The final order should be modified to the extent of fixing the rent at $575 per month, and as modified affirmed, with $25 costs to landlord.

Pécora, Eber and Hecht, JJ., concur.

Ordered accordingly.  