Hallahan v. Dutton

Appellate Terms of the Supreme Court of New York

Hallahan v. Dutton

28 Misc. 2d 701, 220 N.Y.S.2d 98, 1960 N.Y. Misc. LEXIS 2748

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1960

StatusPublished

This text of 28 Misc. 2d 701 (Hallahan v. Dutton) 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

Hallahan v. Dutton, 28 Misc. 2d 701, 220 N.Y.S.2d 98, 1960 N.Y. Misc. LEXIS 2748 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

It is true that on May 1, 1950 the premises were decontrolled pursuant to order of the Federal Rent Expediter. But such an order did not prevent the Legislature from putting the premises under control when State control superseded [702]*702control by the Federal Government (Teeval Co. v. Stern, 301 N. Y. 346). And the Legislature so acted (Emergency Housing Rent Control Law, § 2, subd. 2, par. [b] ; L. 1946, ch. 274, as amd.). The premises being controlled the final order was unwarranted.

Appeal from judgment dismissed as it appears that no judgment was ever entered. The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Concur—Steuer, J. P., Hoestadter and Aurelio, JJ.

Final order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI