
    Broadway-170th Street Holding Corp., Landlord, Respondent, v. Harry Metz, Tenant, Appellant.
    Supreme Court, Appellate Term, First Department,
    April 28, 1938.
    
      Nathan W. LaPotin, for the appellant.
    
      Robert J. Schwartz, for the respondent.
   Per Curiam.

The landlord was authorized to apply for the precept by its agent. (Civ. Prac. Act, § 1414.) On the trial the agent merely appeared as a witness. Neither the petition nor the precept demanded a judgment for rent. (Fourteenth Street Realty Corp. v. Deutsch, 136 Misc. 50.)

Final order modified by striking out so much thereof as renders a money judgment for petitioner and as modified affirmed, with twenty-five dollars costs to tenant.

Lydon and Frankenthaler, JJ., concur; Hammer, J., concurs in result only.  