2284 Second Ave. Corp. v. Weaver

New York Supreme Court

2284 Second Ave. Corp. v. Weaver

17 Misc. 2d 79, 188 N.Y.S.2d 1029, 1958 N.Y. Misc. LEXIS 2302

CourtNew York Supreme Court

DecidedNovember 25, 1958

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 79 (2284 Second Ave. Corp. v. Weaver) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

2284 Second Ave. Corp. v. Weaver, 17 Misc. 2d 79, 188 N.Y.S.2d 1029, 1958 N.Y. Misc. LEXIS 2302 (N.Y. Super. Ct. 1958).

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Opinion

Felix C. Benvenga, J.

This article 78 (Civ. Prac. Act) proceeding is brought by a landlord to annul orders of the State Bent Administrator modifying over-all increases previously granted to compensate the landlord for substantial capital improvements installed to rehabilitate an old-law tenement (State Eent and Eviction Eegulations, § 33). The right of the Administrator to modify such prior rent increases after the [80]*80landlord has applied to and received from the City of New York an abatement of real estate taxes pursuant to Local Law No. 118 of 1955 of the City of New York (Administrative Code, § J41-2.4) has repeatedly been upheld. It suffices to cite the more recent decisions (Matter of Aronson v. Temporary State Housing Rent Comm., 17 Misc 2d 71; Matter of Andrea Realty Corp. v. Weaver, 17 Misc 2d 78; Matter of Todar Realty Corp. v. Weaver, N. Y. L. J., Oct. 27, 1958, p. 12, col. 7). While the factual situation in the instant case may not be the same as that presented in some of the decided cases, the underlying principle is the same — a landlord may not receive duplicate and multiple relief from the State as well as from the City of New York. The petition is therefore denied and the proceeding dismissed.

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Felix C. Benvenga, J.

This article 78 (Civ. Prac. Act) proceeding is brought by a landlord to annul orders of the State Bent Administrator modifying over-all increases previously granted to compensate the landlord for substantial capital improvements installed to rehabilitate an old-law tenement (State Eent and Eviction Eegulations, § 33). The right of the Administrator to modify such prior rent increases after the [80]*80landlord has applied to and received from the City of New York an abatement of real estate taxes pursuant to Local Law No. 118 of 1955 of the City of New York (Administrative Code, § J41-2.4) has repeatedly been upheld. It suffices to cite the more recent decisions (Matter of Aronson v. Temporary State Housing Rent Comm., 17 Misc 2d 71; Matter of Andrea Realty Corp. v. Weaver, 17 Misc 2d 78; Matter of Todar Realty Corp. v. Weaver, N. Y. L. J., Oct. 27, 1958, p. 12, col. 7). While the factual situation in the instant case may not be the same as that presented in some of the decided cases, the underlying principle is the same — a landlord may not receive duplicate and multiple relief from the State as well as from the City of New York. The petition is therefore denied and the proceeding dismissed.

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Bluebook (online)

17 Misc. 2d 79, 188 N.Y.S.2d 1029, 1958 N.Y. Misc. LEXIS 2302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/2284-second-ave-corp-v-weaver-nysupct-1958.

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