Grant-Morris Management Corp. v. Weaver

Appellate Division of the Supreme Court of New York

Grant-Morris Management Corp. v. Weaver

6 A.D.2d 687

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

DecidedMay 27, 1958

StatusPublished

This text of 6 A.D.2d 687 (Grant-Morris Management Corp. v. Weaver) 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

Grant-Morris Management Corp. v. Weaver, 6 A.D.2d 687 (N.Y. Ct. App. 1958).

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Opinion

Order in article 78 proceeding annulling determination of Rent Commission reversed, on the law, and the determination reinstated, without costs to either party. ("See disposition on companion appeal.) Under the statute and the relevant regulations, the commission is entitled to include a son-in-law living with a resident daughter as a member of the immediate family. It is quite clear that this was the commission’s practical construction of the term “immediate family ” in connection with applications for certificates of eviction even prior to the legislative adoption of that term for delimiting the scope of tenant occupancy without increasing the rent liability of the statutory tenant. (State Residential Rent Law, § 4, subd. 4, par. [a], el. [9], as amd. by L. 1955, ch. 685, and as last amd. by L. 1957, ch. 755; State Rent and Eviction Regulations, §§ 55, 33, subd. 5.) Concur — Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ. [7 Misc 2d 449.]

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Order in article 78 proceeding annulling determination of Rent Commission reversed, on the law, and the determination reinstated, without costs to either party. ("See disposition on companion appeal.) Under the statute and the relevant regulations, the commission is entitled to include a son-in-law living with a resident daughter as a member of the immediate family. It is quite clear that this was the commission’s practical construction of the term “immediate family ” in connection with applications for certificates of eviction even prior to the legislative adoption of that term for delimiting the scope of tenant occupancy without increasing the rent liability of the statutory tenant. (State Residential Rent Law, § 4, subd. 4, par. [a], el. [9], as amd. by L. 1955, ch. 685, and as last amd. by L. 1957, ch. 755; State Rent and Eviction Regulations, §§ 55, 33, subd. 5.) Concur — Botein, P. J., Breitel, Rabin, Frank and Stevens, JJ. [7 Misc 2d 449.]

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6 A.D.2d 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-morris-management-corp-v-weaver-nyappdiv-1958.

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