Basirico v. Zahn

This is a reargument of a motion heretofore decided (145 Misc. 637). The court held in deciding the original *98motion that a cancellation of the lease had been effected by the tenant removing from the premises after service of a precept in summary proceedings.

As to the other question presented, as to whether or not a right survived in the landlord to recover for any subsequent deficiencies resulting from the future renting of the premises, the defendant sets forth that the case of Kottler v. New York Bargain House, Inc. (242 N. Y. 28) was not called to the court’s attention, and that a reading…