Hook v. Simonson

Appellate Terms of the Supreme Court of New York

Hook v. Simonson

13 Misc. 2d 326, 178 N.Y.S.2d 402

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 20, 1958

StatusPublished

This text of 13 Misc. 2d 326 (Hook v. Simonson) 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

Hook v. Simonson, 13 Misc. 2d 326, 178 N.Y.S.2d 402 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The issues tendered for disposition in this summary proceeding for the nonpayment of rent and counterclaim for overcharges in rent were not fully developed at the trial. If the space here involved was used or occupied for business purposes on June 1, 1944, the emergency rent would be the rent reserved or payable on that date, plus 50% of such rent. (Business Rent Law, L. 1945, ch. 314, § 2, subd. [c], as amd.)

The final order and judgment on the counterclaim should be unanimously reversed on the law and a new trial ordered, with $30 costs to landlord to abide the event.

Concur — Pette, Hart and Brown, JJ.

Final order and judgment reversed, etc.

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

Per Curiam.

The issues tendered for disposition in this summary proceeding for the nonpayment of rent and counterclaim for overcharges in rent were not fully developed at the trial. If the space here involved was used or occupied for business purposes on June 1, 1944, the emergency rent would be the rent reserved or payable on that date, plus 50% of such rent. (Business Rent Law, L. 1945, ch. 314, § 2, subd. [c], as amd.)

The final order and judgment on the counterclaim should be unanimously reversed on the law and a new trial ordered, with $30 costs to landlord to abide the event.

Concur — Pette, Hart and Brown, JJ.

Final order and judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

13 Misc. 2d 326, 178 N.Y.S.2d 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hook-v-simonson-nyappterm-1958.