Griffith v. Williams

Appellate Terms of the Supreme Court of New York

Griffith v. Williams

21 Misc. 2d 260

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 16, 1956

StatusPublished

This text of 21 Misc. 2d 260 (Griffith v. Williams) 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

Griffith v. Williams, 21 Misc. 2d 260 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

Plaintiff’s affidavit fails to present facts indicating the existence of any triable issue. In the absence of an applicable maximum rent for the period here involved or a refund order by the Temporary State Housing Rent Commission, there is no basis upon which to compute any asserted overcharge. Failure to file a timely registration statement does not per se render the defendants liable for an overcharge or establish the fact there was an overcharge' (see Weiderman v. Recklinghausen, 278 App. Div. 289, affd. 303 N. Y. 633 and cases there cited).

[261]*261The order should be unanimously reversed on the law and facts, with $10 costs to defendants and defendants’ motion for summary judgment dismissing the complaint granted.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

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Per Curiam.

Plaintiff’s affidavit fails to present facts indicating the existence of any triable issue. In the absence of an applicable maximum rent for the period here involved or a refund order by the Temporary State Housing Rent Commission, there is no basis upon which to compute any asserted overcharge. Failure to file a timely registration statement does not per se render the defendants liable for an overcharge or establish the fact there was an overcharge' (see Weiderman v. Recklinghausen, 278 App. Div. 289, affd. 303 N. Y. 633 and cases there cited).

[261]*261The order should be unanimously reversed on the law and facts, with $10 costs to defendants and defendants’ motion for summary judgment dismissing the complaint granted.

Concur — Pette, Di Giovanna and Brown, JJ.

Order reversed, etc.

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Bluebook (online)

21 Misc. 2d 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-williams-nyappterm-1956.

Opinion

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