
    Herman Schulman, Respondent, v. Philip I. Schick, Appellant.
    (Submitted October 5, 1926;
    decided October 22, 1926.)
    
      Landlord and tenant — false representations — action to cancel lease and to recover damages arising from false representations of lessor.
    
    
      Schulman v. Schick, 215 App. Div. 846, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 20, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought to cancel a lease and to recover damages for alleged fraudulent representations by means of which plaintiff was induced to enter into the lease. The answer set up a counterclaim for rent and for the value of certain personal property alleged to have been retained by plaintiff.
    Judgment affirmed, with costs;
    
      Benjamin Berger for appellant. .
    
      John L. Crandell for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  