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Guy v. Furman

4 Misc. 2d 564, 148 N.Y.S.2d 555, 1956 N.Y. Misc. LEXIS 2239
CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 12, 1956
StatusPublished
Cited by10 cases

This text of 4 Misc. 2d 564 (Guy v. Furman) 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
Guy v. Furman, 4 Misc. 2d 564, 148 N.Y.S.2d 555, 1956 N.Y. Misc. LEXIS 2239 (N.Y. Ct. App. 1956).

Opinion

Per Curiam.

This proceeding should have been dismissed for failure to give the notice required by section 53 of the State Rent and Eviction Regulations (see Frankel v. Rost, 272 App. Div. 334). But, in any event, such dismissal was surely required upon tenant’s cross motion to set aside the final order in landlord’s favor, when uncontradicted documentary proof was presented that landlord had accepted rent between the time of said notice and the commencement of the proceeding. Subdivision 8 of section 1410 of the Civil Practice Act, authorizing landlord to accept rent without prejudice to a holdover proceeding, applies only after it has been commenced.

The final order and order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Concur: Hofstadter, Eder and Hecht, Jr., JJ.

Final order reversed, etc.

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Bluebook (online)
4 Misc. 2d 564, 148 N.Y.S.2d 555, 1956 N.Y. Misc. LEXIS 2239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-furman-nyappterm-1956.