Knorr v. Jack & Al, Inc.

Final order unanimously modified upon the law by providing that landlords have judgment for the sum of $1,105.77 together *604with interest and appropriate costs in the court below, and as so modified affirmed with ten dollars costs to landlords. Appeal from decision dismissed. No appeal lies therefrom. (N. Y. City Mun. Ct. Code, § 154.)

The order of the Federal Petroleum Coordinator did not frustrate the lease. Furthermore, the tenant, having remained in possession, was.not entitled to claim that performance of the terms of the lease had been rendered impossible. (Hizington v. Eldred Refining…