
    Benjamin M. Gruenstein and Joseph L. B. Mayer, Appellants, v. “ Abraham ” Levy, First Name of Tenant Being Fictitious and Unknown to Petitioners, Respondent.
    Supreme Court, Appellate Term, First Department,
    February Term
    Filed March, 1923.
    Landlord and tenant — New York city — rent laws do not apply to tenants entering after October 1, 1920.
    The rule that the rent laws do not apply to tenants whose occupation of leased premises began after October 1, 1920, has not been changed by chapter 644 of the Laws of 1922.
    Appeal by landlords from so much of the final order entered in summary proceedings for non-payment of rent by the Municipal Court of the city of New York, borough of Manhattan, second district, awarding possession of the premises described in the petition to them, as fixes the amount of rent to be paid by the tenant at the sum of twenty dollars per month, after a trial before the court without a jury.
    
      Nathan D. Stern, for appellants.
    
      Louis Mischell, for respondent.
   Per Curiam.

The tenant leased premises belonging to the landlords on the 15th day of October, 1922, and agreed to pay a rental of twenty-five dollars per month. She paid that rent for one month in advance but refused to pay the same rent the following month. The landlord thereupon brought summary proceedings for nonpayment of rent. The trial justice after a somewhat informal hearing fixed the rental at twenty dollars per month. The tenant is concededly hable for the full rental she agreed to pay unless she can take advantage of the provisions of the rent laws, and under the authority of the decision of the Appellate Division in the case of Farnham Realty Corp. v. Posner, 200 App. Div. 827, we are cons0trained to hold that the rent laws do not apply to tenants whose occupation of the premises began after October 1, 1920, and we cannot find that the enactment of the amendment by chapter 664 of the Laws of 1922 has changed the rule announced by the Appellate Division.

• Final order modified by striking therefrom the provision fixing the amount of rent, and as so modified affirmed, with five dollars costs to appellant.

Present: Lehman, Lydon and Burr, JJ.

Order modified.  