Acevedo v. Syrian Protestant Church

Appellate Terms of the Supreme Court of New York

Acevedo v. Syrian Protestant Church

1 Misc. 2d 66, 149 N.Y.S.2d 595, 1955 N.Y. Misc. LEXIS 2267

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 28, 1955

StatusPublished

Cited by3 cases

This text of 1 Misc. 2d 66 (Acevedo v. Syrian Protestant Church) 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

Acevedo v. Syrian Protestant Church, 1 Misc. 2d 66, 149 N.Y.S.2d 595, 1955 N.Y. Misc. LEXIS 2267 (N.Y. Ct. App. 1955).

Pincite

Opinion

Per Curiam.

The mere absence of a registration statement is not a bar to plaintiff’s right to maintain an action for overcharges in rent. Irrespective of whether such a statement is filed, the maximum rent for housing accommodations, based upon the rent charged therefor on the ‘ ‘ freeze ’ ’ date, March 1, 1943, is to be determined as a question of fact (Burton v. Muolo, N. Y. L. J., Jan. 18, 1952, p. 247, col. 5, and cases there cited).

In the case at bar the record is not clear as to the rent charged by the defendant on the “ freeze ” date for the subject housing accommodation.

The judgment should be unanimously reversed, upon the law and facts, and new trial granted, with $30 costs to the plaintiff to abide the event.

Pette, Hart and Arkwright, JJ., concur.

Judgment reversed, etc.

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