Ierardi v. Demoro

Appellate Terms of the Supreme Court of New York

Ierardi v. Demoro

17 Misc. 2d 911, 191 N.Y.S.2d 708, 1959 N.Y. Misc. LEXIS 4062

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1959

StatusPublished

This text of 17 Misc. 2d 911 (Ierardi v. Demoro) 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

Ierardi v. Demoro, 17 Misc. 2d 911, 191 N.Y.S.2d 708, 1959 N.Y. Misc. LEXIS 4062 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Plaintiffs are entitled to recover the actual over-payments in rent in accordance with the refund order issued by the Temporary State Housing Bent Control Commission, plus reasonable attorney’s fees (State Residential Rent Law, § 11, subd. 6; L. 1946, ch. 274, as amd,; Anderson v. Allsop, 13 Misc 2d 618). The cause of action for treble damages was properly dismissed. (Chick v. Glassheim, 282 App. Div. 727).

The judgment should be unanimously reversed on the law and facts, with $30 costs to plaintiffs and matter remitted to the court below for an assessment of damages on the first cause of action limited to the actual overpayments in rent for the period between October 14, 1955 and April 6, 1957, the fixation of reasonable attorney’s fees and entry of judgment thereon, with appropriate costs in the court below.

Concur — Pette, Di Giovanna and Benjamin, JJ.

Judgment reversed, etc.

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