
    Geza Eichhorn, Respondent, v. “John” Olshansky, First Name of Tenant Being Fictitious, Appellant.
    Supreme Court, Appellate Term, First Department,
    December 15, 1924.
    Summary proceedings to dispossess — evidence — warranty by landlord’s grantors of amount of rent not admissible against tenant.
    In summary proceedings to dispossess, evidence of a warranty by the landlord's grantors of the amount of rent is not competent evidence against the tenant.
    Appeal by tenant from a final order in summary proceedings in the Municipal Court of the City of New York, Borough of Manhattan, Sixth District, awarding possession of the premises to the landlord.
    
      Leo Schafran [Irving L. Rollins of counsel], for the appellant.
    
      Geza Eichhorn, for the respondent.
   Per Curiam:

The warranty by the landlord’s grantors that the rent of this tenant s thirty-four dollars is not competent evidence against this tenant.

Final order reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Wagner and Levy, JJ.  