Levinsky v. Thompson

Final order unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellant to abide the event.

The final order in favor of the landlords in the prior proceeding based on the non-payment of rent for the months of April and May is res adjudícala of the fact that the tenant was in default in the payment of some rent. (Sea Gate Hotel Company v. Nahmmacher, 112 Misc. 100.) The facts established, however, that this rent was thereafter paid. The amount of the rent for those two months had been deposited in court by the tenant as security, to await the result of the…