I. K. S. Realty Co. v. Bowman

Appellate Terms of the Supreme Court of New York

I. K. S. Realty Co. v. Bowman

21 Misc. 2d 266, 199 N.Y.S.2d 851, 1959 N.Y. Misc. LEXIS 2366

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 17, 1959

StatusPublished

Cited by2 cases

This text of 21 Misc. 2d 266 (I. K. S. Realty Co. v. Bowman) 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

I. K. S. Realty Co. v. Bowman, 21 Misc. 2d 266, 199 N.Y.S.2d 851, 1959 N.Y. Misc. LEXIS 2366 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Assuming arguendo that the alleged dangerous condition of the beams falls within the provision of subdivision 3 of section 52 of the State Rent and Eviction Regulations, the failure of the landlord to allege in the petition, and prove upon the trial, compliance with subdivision 3 of section 53 of the Rent Regulations, requiring the filing with the Local Rent Administrator, within 48 hours, of a copy of the notice served on the tenants under subdivision 1 of said section 53, was fatal. We so held in 183-185 Hester St. Corp. v. Dibari (14 Misc 2d 1004).

The final orders herein should be reversed, with $30 costs, and final orders directed in favor of each tenant-appellant, with costs as of one appeal.

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

Final orders reversed, etc.

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Per Curiam.

Assuming arguendo that the alleged dangerous condition of the beams falls within the provision of subdivision 3 of section 52 of the State Rent and Eviction Regulations, the failure of the landlord to allege in the petition, and prove upon the trial, compliance with subdivision 3 of section 53 of the Rent Regulations, requiring the filing with the Local Rent Administrator, within 48 hours, of a copy of the notice served on the tenants under subdivision 1 of said section 53, was fatal. We so held in 183-185 Hester St. Corp. v. Dibari (14 Misc 2d 1004).

The final orders herein should be reversed, with $30 costs, and final orders directed in favor of each tenant-appellant, with costs as of one appeal.

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

Final orders reversed, etc.

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Bluebook (online)

21 Misc. 2d 266, 199 N.Y.S.2d 851, 1959 N.Y. Misc. LEXIS 2366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-k-s-realty-co-v-bowman-nyappterm-1959.

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