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Baum Residence Corp. v. Van Rosson

206 Misc. 314, 134 N.Y.S.2d 302, 1954 N.Y. Misc. LEXIS 2519
CourtAppellate Terms of the Supreme Court of New York
DecidedMay 27, 1954
StatusPublished
Cited by7 cases

This text of 206 Misc. 314 (Baum Residence Corp. v. Van Rosson) 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
Baum Residence Corp. v. Van Rosson, 206 Misc. 314, 134 N.Y.S.2d 302, 1954 N.Y. Misc. LEXIS 2519 (N.Y. Ct. App. 1954).

Opinions

Per Curiam.

The trial judge should have granted the motion to dismiss made at the close of all the evidence. The bar against recovery of rent set forth in section 302 of the Multiple Dwelling Law; for the period during which a dwelling is occupied, when no certificate of occupancy as required by section 301 thereof has prior thereto been obtained, comprehends within its prohibition any action to recover for the use and occupation of the premises, however denominated. Such circumvention of the statute cannot be countenanced.

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.

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Cite This Page — Counsel Stack

Bluebook (online)
206 Misc. 314, 134 N.Y.S.2d 302, 1954 N.Y. Misc. LEXIS 2519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baum-residence-corp-v-van-rosson-nyappterm-1954.