Garcia v. Deibert

Appellate Terms of the Supreme Court of New York

Garcia v. Deibert

19 Misc. 2d 563, 195 N.Y.S.2d 391, 1959 N.Y. Misc. LEXIS 3593

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 28, 1959

StatusPublished

Cited by1 cases

This text of 19 Misc. 2d 563 (Garcia v. Deibert) 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

Garcia v. Deibert, 19 Misc. 2d 563, 195 N.Y.S.2d 391, 1959 N.Y. Misc. LEXIS 3593 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The courts have consistently held that statutes changing a Statute of Limitations [State Residential Rent Law, § 11, subd. 5; L. 1946, ch. 274, as amd. by L. 1957, ch. 755] will not be given retroactive effect unless such legislative intent is clearly shown (People v. Cohen, 245 N. Y. 419; cf. Robinson v. Robins Dry Dock & Repair Co., 238 N. Y. 271).

The judgment and order so far as appealed from should be modified to the extent of limiting the recovery to the period commencing July 1, 1957, and as modified affirmed, with costs to respondents.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment modified, etc.

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