
    Katherine Pitman, Landlord, Respondent, v. John White, Tenant, and John G. Stoetzer and Others, Undertenants, Appellants.
    Supreme Court, Appellate Term, First Department,
    December 16, 1930.
    
      
      Emanuel M. Ostrow, for tenant John White and undertenants Stoetzer.
    
      William I. Siegel, for the undertenant August Andre.
    
      Francis Martocci, for the respondent.
   Per Curiam.

The provisions of the lease with regard to the effect of non-payment of rent created a condition and not a conditional limitation. (Burnee Corp. v. Uneeda Pure Orange Drink Co., 132 Misc. 435.) While a summary proceeding might have been brought under subdivision 2 of section 1410 of the Civil Practice Act, for failure to pay the rent, the present proceeding, brought under subdivision 1 on the theory that the term had expired, will not he.

Order reversed, with ten dollars costs, and petition dismissed, with costs.

All concur; present, Lydon, Levy and Frankenthaler, JJ.  