Avelino v. Fasano

Appellate Terms of the Supreme Court of New York

Avelino v. Fasano

15 Misc. 2d 635, 180 N.Y.S.2d 342, 1958 N.Y. Misc. LEXIS 2338

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 20, 1958

StatusPublished

Cited by2 cases

This text of 15 Misc. 2d 635 (Avelino v. Fasano) 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

Avelino v. Fasano, 15 Misc. 2d 635, 180 N.Y.S.2d 342, 1958 N.Y. Misc. LEXIS 2338 (N.Y. Ct. App. 1958).

Pincite

Opinions

Per Curiam.

The acceptance of the old rent for May, 1957 was with the implied understanding that commencing with June 1, 1957 it would be $150 per month, pursuant to the 30 days’ notice eoneededly served upon the tenant on April 12, 1957. Notwithstanding the 30 days’ notice, tenant chose to remain in possession after June 1, 1957, and by doing so, became liable for the full month’s rent for June in the sum of $150, since the dwelling was decontrolled. The court was without power to apportion the rent for the 10 days tenant remained in possession commencing June 1, 1957.

Accordingly, judgment should be modified by increasing the recovery herein to $170.76, with costs, and as modified affirmed, with $25 costs to appellants.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The acceptance of the old rent for May, 1957 was with the implied understanding that commencing with June 1, 1957 it would be $150 per month, pursuant to the 30 days’ notice eoneededly served upon the tenant on April 12, 1957. Notwithstanding the 30 days’ notice, tenant chose to remain in possession after June 1, 1957, and by doing so, became liable for the full month’s rent for June in the sum of $150, since the dwelling was decontrolled. The court was without power to apportion the rent for the 10 days tenant remained in possession commencing June 1, 1957.

Accordingly, judgment should be modified by increasing the recovery herein to $170.76, with costs, and as modified affirmed, with $25 costs to appellants.

Cite This Page — Counsel Stack

Bluebook (online)

15 Misc. 2d 635, 180 N.Y.S.2d 342, 1958 N.Y. Misc. LEXIS 2338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avelino-v-fasano-nyappterm-1958.

Opinions

Related

Cite This Page — Counsel Stack