37 Riverside Drive, Inc. v. Wagner

After summary proceedings had been instituted by the landlord, plaintiff herein, for non-payment of rent for the month of March, 1934, and after time to answer therein had expired, the tenant, defendant herein, vacated the said premises. No warrant was ever issued in the summary proceedings but the .voluntary rehnquishment by the tenant under the circumstances *12terminated the lease and effected the same legal result as if a warrant had been issued. (Cornwell v. Sanford, 222 N. Y. 248.)

This action is now brought by the landlord to recover deficiency of rent for the subsequent month of April,…