Brown v. S. E. Riverside Corp.

Appellate Division of the Supreme Court of New York

Brown v. S. E. Riverside Corp.

277 A.D.2d 860

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

DecidedJune 13, 1950

StatusPublished

This text of 277 A.D.2d 860 (Brown v. S. E. Riverside Corp.) 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

Brown v. S. E. Riverside Corp., 277 A.D.2d 860 (N.Y. Ct. App. 1950).

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Opinion

Judgment reversed, with costs to the appellant, and complaint dismissed, on the merits, with costs (Fogelson v. Racbfay Constr. Co., 300 N. Y. 334; Brownrigg V. Herb Estates, 276 App. Div. 566; Richman v. Fleisher, 276 App. Div. 574). Unlike the situation presented in the Brownrigg and Richman cases (supra), there is no basis in this record for a new trial. Moreover, it appears from the record, and was so found by the Federal Housing Expediter, that [861]*861there was no reduction in the essential services required to be furnished to the tenants. The findings of fact and conclusions of law of the Special Term are reversed to the extent that they are inconsistent with this decision. Settle order on notice containing new findings of fact and conclusions of law. Present— Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Dore and Cohn, JJ., concur and vote to reverse and dismiss the complaint upon the ground that it appears there has been no diminution in the services which the landlord was obligated to furnish the plaintiffs-tenants and no need for injunctive relief. Settle order on notice.

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Judgment reversed, with costs to the appellant, and complaint dismissed, on the merits, with costs (Fogelson v. Racbfay Constr. Co., 300 N. Y. 334; Brownrigg V. Herb Estates, 276 App. Div. 566; Richman v. Fleisher, 276 App. Div. 574). Unlike the situation presented in the Brownrigg and Richman cases (supra), there is no basis in this record for a new trial. Moreover, it appears from the record, and was so found by the Federal Housing Expediter, that [861]*861there was no reduction in the essential services required to be furnished to the tenants. The findings of fact and conclusions of law of the Special Term are reversed to the extent that they are inconsistent with this decision. Settle order on notice containing new findings of fact and conclusions of law. Present— Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Dore and Cohn, JJ., concur and vote to reverse and dismiss the complaint upon the ground that it appears there has been no diminution in the services which the landlord was obligated to furnish the plaintiffs-tenants and no need for injunctive relief. Settle order on notice.

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Bluebook (online)

277 A.D.2d 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-s-e-riverside-corp-nyappdiv-1950.

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