Show dIF IF COLD MOVE IF YOU STAY DIG UP NEWT NEW YORK URK ORI Nov No 11 If H.-If If you ou are arc cold move mo if it you ou stay flay you ou must most pay a This Thil tersely is the gist of Jin nn opinion of the thc appellate division with regard rd to chilly New ew York Hats flats The ruling W was handed down y yesterday in in the e ca case e of Lawrence S. S Jackson a a persistent tenant ten ten- I ant who found it frigid id but nevertheless I less lees c i to inhabit his apart- apart meat IIo qa e tried triM to recover for rent paid and damage damage- sustained damage dama Q sustained won his hiR case casc casein casein in in the tho municipal court lost in in the ap ap- appellate division which last decision is I sustained in the new ruling Tho decision says If Hlf the tenant had found before taking taking tak tak- ing in possession ion that the heat was in in- sufficient he would have be been n justified in refusing Jg to occupy the tue apartment and aDd could have defended an action to compel him to pay rent He could also defend the surrendering the apartment Plaintiff 4 C however cr retained possession possession posses posse sion and became liable for the rent anti and for mere mero discomfort which resulted I there was no cause of action |