Greenberg v. Colonial Studios

Appellate Division of the Supreme Court of New York

Greenberg v. Colonial Studios

283 A.D. 657, 127 N.Y.S.2d 350, 1954 N.Y. App. Div. LEXIS 4793

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

DecidedJanuary 26, 1954

StatusPublished

This text of 283 A.D. 657 (Greenberg v. Colonial Studios) 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

Greenberg v. Colonial Studios, 283 A.D. 657, 127 N.Y.S.2d 350, 1954 N.Y. App. Div. LEXIS 4793 (N.Y. Ct. App. 1954).

Pincite

Opinion

The receiver was justified, under the circumstances, in respecting the prohibition set forth in subdivision 1 of section 301 of the Multiple Dwelling Law and in accordingly refusing to rent the vacant apartments. In view of the serious nature of the violations, their pendency since 1947, defendants’ knowledge of the violations and their failure to take action with relation thereto, the defendants Jones and Ward are not entitled to be recompensed for any rental losses. Order unanimously modified to the extent of eliminating the awards of $120 to the defendant Jones and $560 to the defendant Ward and, as so modified, affirmed. Present — Peek, P. J., Bastow, Botein and Bergan, JJ.

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The receiver was justified, under the circumstances, in respecting the prohibition set forth in subdivision 1 of section 301 of the Multiple Dwelling Law and in accordingly refusing to rent the vacant apartments. In view of the serious nature of the violations, their pendency since 1947, defendants’ knowledge of the violations and their failure to take action with relation thereto, the defendants Jones and Ward are not entitled to be recompensed for any rental losses. Order unanimously modified to the extent of eliminating the awards of $120 to the defendant Jones and $560 to the defendant Ward and, as so modified, affirmed. Present — Peek, P. J., Bastow, Botein and Bergan, JJ.

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Bluebook (online)

283 A.D. 657, 127 N.Y.S.2d 350, 1954 N.Y. App. Div. LEXIS 4793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-colonial-studios-nyappdiv-1954.