Funaro v. Herman

Appellate Division of the Supreme Court of New York

Funaro v. Herman

13 A.D.2d 626, 213 N.Y.S.2d 252, 1961 N.Y. App. Div. LEXIS 11477

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

DecidedApril 11, 1961

StatusPublished

Cited by2 cases

This text of 13 A.D.2d 626 (Funaro v. Herman) 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

Funaro v. Herman, 13 A.D.2d 626, 213 N.Y.S.2d 252, 1961 N.Y. App. Div. LEXIS 11477 (N.Y. Ct. App. 1961).

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Opinion

Order, entered on December 13, 1960, annulling the determination of the State Rent Administrator issued September 14, 1960 granting an eviction certificate, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to respondent-appellant, and the petition dismissed, with $10 costs. The statutory provision with reference to the time for final action of the rent commission after the entry of the court’s order of remand (Emergency Housing Rent Control Law, § 8, subd. 4; L. 1946, eh. 274 as amd.) is directory and not a Statute of Limitation. (Matter of Kaplan v. Weaver, 4 A D 2d 865; Matter of Fonseca v. Herman, 13 A D 2d 626.) In addition, the record affords a reasonable basis for the finding of the landlord’s good faith and compelling necessity. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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Order, entered on December 13, 1960, annulling the determination of the State Rent Administrator issued September 14, 1960 granting an eviction certificate, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to respondent-appellant, and the petition dismissed, with $10 costs. The statutory provision with reference to the time for final action of the rent commission after the entry of the court’s order of remand (Emergency Housing Rent Control Law, § 8, subd. 4; L. 1946, eh. 274 as amd.) is directory and not a Statute of Limitation. (Matter of Kaplan v. Weaver, 4 A D 2d 865; Matter of Fonseca v. Herman, 13 A D 2d 626.) In addition, the record affords a reasonable basis for the finding of the landlord’s good faith and compelling necessity. Concur — McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 626, 213 N.Y.S.2d 252, 1961 N.Y. App. Div. LEXIS 11477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funaro-v-herman-nyappdiv-1961.

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