Bernard v. McGoldrick

Appellate Division of the Supreme Court of New York

Bernard v. McGoldrick

286 A.D. 831, 142 N.Y.S.2d 113, 1955 N.Y. App. Div. LEXIS 4259

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1955

StatusPublished

This text of 286 A.D. 831 (Bernard v. McGoldrick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernard v. McGoldrick, 286 A.D. 831, 142 N.Y.S.2d 113, 1955 N.Y. App. Div. LEXIS 4259 (N.Y. Ct. App. 1955).

Pincite

Opinion

The tenant having withdrawn the prior proceeding may not be permitted to reinstate it and thus extend the time limitation for the institution of an article 78 proceeding. Especially is this so since subsequent to the commencement of the original [832]*832proceeding the tenant acquiesced in the ruling of the rent commission by paying the very rent which he then protested. Any arrangement which the tenant may have made with the landlord leading to the withdrawal of the original proceeding is not binding upon the rent commission. This is not the proper forum to enforce any claim which he may have against the landlord as the result of any such arrangement. Order unanimously reversed and the motion denied. Concur — Peck, P. J., Callahan, Bastow and Rabin, JJ.

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The tenant having withdrawn the prior proceeding may not be permitted to reinstate it and thus extend the time limitation for the institution of an article 78 proceeding. Especially is this so since subsequent to the commencement of the original [832]*832proceeding the tenant acquiesced in the ruling of the rent commission by paying the very rent which he then protested. Any arrangement which the tenant may have made with the landlord leading to the withdrawal of the original proceeding is not binding upon the rent commission. This is not the proper forum to enforce any claim which he may have against the landlord as the result of any such arrangement. Order unanimously reversed and the motion denied. Concur — Peck, P. J., Callahan, Bastow and Rabin, JJ.

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Bluebook (online)

286 A.D. 831, 142 N.Y.S.2d 113, 1955 N.Y. App. Div. LEXIS 4259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-mcgoldrick-nyappdiv-1955.