Graham v. Wallace

Appellate Terms of the Supreme Court of New York

Graham v. Wallace

13 Misc. 2d 460, 179 N.Y.S.2d 741, 1958 N.Y. Misc. LEXIS 3017

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1958

StatusPublished

This text of 13 Misc. 2d 460 (Graham v. Wallace) 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

Graham v. Wallace, 13 Misc. 2d 460, 179 N.Y.S.2d 741, 1958 N.Y. Misc. LEXIS 3017 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The order on which plaintiff relied was not directed to this defendant but to a subsequent purchaser. Hence there was no violation of a directive that rent collected by this defendant in excess of the maximum be refunded.

The judgment for defendant upon dismissal of the complaint should be modified by providing that such dismissal is without prejudice to a new action based on subdivision 6 of section 11 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) providing plaintiff obtains an order directed to this defendant from the Rent Commission, and as modified affirmed, without costs.

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

Judgment modified, etc.

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Per Curiam.

The order on which plaintiff relied was not directed to this defendant but to a subsequent purchaser. Hence there was no violation of a directive that rent collected by this defendant in excess of the maximum be refunded.

The judgment for defendant upon dismissal of the complaint should be modified by providing that such dismissal is without prejudice to a new action based on subdivision 6 of section 11 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) providing plaintiff obtains an order directed to this defendant from the Rent Commission, and as modified affirmed, without costs.

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

Judgment modified, etc.

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Bluebook (online)

13 Misc. 2d 460, 179 N.Y.S.2d 741, 1958 N.Y. Misc. LEXIS 3017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-wallace-nyappterm-1958.