
    Nellie Cohen, Landlord, Appellant, v. Irving Kaplan, Tenant, Respondent.
    Supreme Court, Appellate Term, First Department,
    January 26, 1945.
    
      Charles Lichtenstein for appellant.
    
      Nathan A. Lashin for respondent.
   Memorandum Per Curiam.

In the absence of answer or defense it was error to grant a final order in favor of the tenant.

The final order should be reversed, with $10 costs, and final order directed for landlord as prayed for in petition, with costs, without prejudice to application by the tenant to the court below, under section 1436-a of the Civil Practice Act.

Hammer, Shientag and Heoht, JJ., concur.

Order reversed, etc.  