
    TOPLITZ, Respondent, v. MENDEL, Appellant.
    (City Court of New York, General Term.
    April 13, 1899.)
    Action by Henry L. Toplitz against Adolph Mendel. There was a judgment for plaintiff, and defendant appeals. Affirmed. Louis Levy, for appellant. Joel J. Squier, for respondent.
   McOARTHY, J.

The answer denies a material allegation of the complaint, thereby raising an apparent issue as to the alleged excess of rent, to wit $6, and to that extent might be held good. But the fact that tender of the principal sum was not properly made nor pleaded so weighs down the slight advantage obtained in this review that we think the order appealed from is right and proper. Order affirmed, with $10 costs and disbursements of appeal.  