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Memorandum. Final judgments unanimously modified by deleting those portions awarding landlord the value of tenant’s use and occupancy of the premises involved, without prejudice to a separate action therefor, and as so modified, affirmed, without costs.
There is no provision in the Real Property Actions and Proceedings Law for such an award to be included in a judgment in a summary proceeding (cf. Real Property Actions and Proceedings Law, § 741, subd. 6).
Concur — Schwartzwald, P. J., Cone and Pino, JJ.
Document Info
Filed Date: 8/21/1974
Precedential Status: Precedential
Modified Date: 10/19/2024