Cases DETERMINED IN THE APPELLATE DIVISION OF THE SUPREME COURT OF THE State of New York. ASHER H. BERG, Respondent, v. JOSEPH KAISER and LOUIS G. WULWICK, Appellants. Second Department, March 31, 1910. Landlord and tenant-dispossession by summary proceedings-recovery of rent payable in advance. While the issuance of a warrant for the removal of a tenant by summary proceedings terminates the relation of landlord and tenant, the former, by virtue of the exception contained in section 2253 of the Code of Civil Procedure, is entitled to recover rent payable in advance if it became due prior to the time the precept issued. APPEAL by the defendants, Joseph Kaiser and another, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 29th day of June, 1909. Nathan Friedman, for the appellants. Meier Steinbrink, for the respondent. JENKS, J.: The defendants appeal from a judgment of the Municipal Court against them. The plaintiff rented to the defendants as monthly tenants certain premises at a monthly rental of $75. The tenancy App. Div.-VOL. CXXXVII. 1 |