A. Jones Die Co. v. Mamet Fur Dyeing Co.

Judgments unanimously reversed upon the law, and new trials granted, with fifteen dollars costs in each case to appellants to abide the event.

The new trials are granted solely as to the right of the plaintiff in the one action to an apportionment of the June rent and in the other action to the liability of the plaintiff to the defendant corporation for the rent claimed in the counterclaim in the action for a return of the deposit.

The provision of the lease took it out of the operation of the statute (Real Prop. Law, § 227) and measured the rights and obligations of the parties. (Progress…