82-12 37th Avenue Corp. v. Maffei

Appellate Terms of the Supreme Court of New York

82-12 37th Avenue Corp. v. Maffei

189 Misc. 319, 73 N.Y.S.2d 875, 1947 N.Y. Misc. LEXIS 3152

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 9, 1947

StatusPublished

Cited by3 cases

This text of 189 Misc. 319 (82-12 37th Avenue Corp. v. Maffei) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

82-12 37th Avenue Corp. v. Maffei, 189 Misc. 319, 73 N.Y.S.2d 875, 1947 N.Y. Misc. LEXIS 3152 (N.Y. Ct. App. 1947).

Pincite

Opinion

Memorandum

Per Curiam.

The landlord in this proceeding for nonpayment of rent of a store failed to establish compliance with chapter 314 of the Laws of 1945, as amended (Business Rent Law). The premises were unoccupied June 1, 1944. The vent was not fixed by agreement, arbitration or by the Supreme [321]*321Court. The lease entered into between the landlord’s predecessor and the tenant is not an agreement fixing rent as required by the statute (Flo-Ru-Na Inc., v. Zimmerman, 185 Misc. 759). Tenant likewise failed to establish any emergency rent and, therefore, no excess payments were proved.

The final order insofar as it awarded possession should be unanimously reversed on the law, and insofar as it dismissed the counterclaim, should be unanimously modified by providing that the dismissal is without prejudice and, as so modified, affirmed, without costs to either party.

Mac Crate, Steihbrihk and Rubehsteih, JJ., concur.

Order reversed, etc.

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Memorandum

Per Curiam.

The landlord in this proceeding for nonpayment of rent of a store failed to establish compliance with chapter 314 of the Laws of 1945, as amended (Business Rent Law). The premises were unoccupied June 1, 1944. The vent was not fixed by agreement, arbitration or by the Supreme [321]*321Court. The lease entered into between the landlord’s predecessor and the tenant is not an agreement fixing rent as required by the statute (Flo-Ru-Na Inc., v. Zimmerman, 185 Misc. 759). Tenant likewise failed to establish any emergency rent and, therefore, no excess payments were proved.

The final order insofar as it awarded possession should be unanimously reversed on the law, and insofar as it dismissed the counterclaim, should be unanimously modified by providing that the dismissal is without prejudice and, as so modified, affirmed, without costs to either party.

Mac Crate, Steihbrihk and Rubehsteih, JJ., concur.

Order reversed, etc.

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Bluebook (online)

189 Misc. 319, 73 N.Y.S.2d 875, 1947 N.Y. Misc. LEXIS 3152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/82-12-37th-avenue-corp-v-maffei-nyappterm-1947.

Opinion

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