Opinion
January 28, 1926.
Appeal from the Municipal Court, Borough of Manhattan, Ninth District.
Benjamin H. Wicksel, for the appellant.
William Weintraub, for the respondents.
The nine holes cut through the were lath and plastering in the ceiling, measuring approximately twelve inches by twelve inches each, do not constitute ordinary wear and tear. The tenant is liable to the landlord for such damage to the ceiling and should make reimbursement to cover the cost of repair.
Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff in the sum of eighty dollars and costs.
All concur; present, GUY, WAGNER and LYDON, JJ.