Greenberg v. Karnetsky

Appellate Terms of the Supreme Court of New York

Greenberg v. Karnetsky

188 Misc. 674, 71 N.Y.S.2d 535, 1947 N.Y. Misc. LEXIS 2591

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 27, 1947

StatusPublished

Cited by2 cases

This text of 188 Misc. 674 (Greenberg v. Karnetsky) 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

Greenberg v. Karnetsky, 188 Misc. 674, 71 N.Y.S.2d 535, 1947 N.Y. Misc. LEXIS 2591 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

Memorandum There is nothing, in the record to warrant a finding that the landlord does not intend to use the Office of Price Administration certificate for the purpose for which it was issued. Nor is there any evidence to support the claim that there was a renewal of a prior written lease. The tenant was not a party thereto and she presented no proof tending to show her right to succeed to the interest of the tenant named therein. Acceptance of rent by the landlord after issuance of the certificate and during pendency of the summary proceedings is no bar to their continuance. (Civ. Prac. Act, § 1410, subd. 8.)

The final order and judgment should be reversed upon the law and facts, with $30 costs to the landlord, and final order directed in favor of the landlord. Stay of warrant is granted until April Í, 1947.

MacCratb, Steinbrink and Fennelly, JJ., concur.

Order and judgment reversed, etc.

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Per Curiam.

Memorandum There is nothing, in the record to warrant a finding that the landlord does not intend to use the Office of Price Administration certificate for the purpose for which it was issued. Nor is there any evidence to support the claim that there was a renewal of a prior written lease. The tenant was not a party thereto and she presented no proof tending to show her right to succeed to the interest of the tenant named therein. Acceptance of rent by the landlord after issuance of the certificate and during pendency of the summary proceedings is no bar to their continuance. (Civ. Prac. Act, § 1410, subd. 8.)

The final order and judgment should be reversed upon the law and facts, with $30 costs to the landlord, and final order directed in favor of the landlord. Stay of warrant is granted until April Í, 1947.

MacCratb, Steinbrink and Fennelly, JJ., concur.

Order and judgment reversed, etc.

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Bluebook (online)

188 Misc. 674, 71 N.Y.S.2d 535, 1947 N.Y. Misc. LEXIS 2591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-karnetsky-nyappterm-1947.

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