Ilott v. Deibert

Appellate Terms of the Supreme Court of New York

Ilott v. Deibert

19 Misc. 2d 564, 195 N.Y.S.2d 405, 1959 N.Y. Misc. LEXIS 3594

Appellate Terms of the Supreme Court of New York·Decided May 28, 1959·Published·Cited by 1 cases

Opinion

Per Curiam.

The courts have consistently held that statutes changing a Statute of Limitations [State Residential Rent Law, § 11, subd. 5; L. 1946, ch. 274, as amd. by L. 1957, ch. 755] will not be given retroactive effect unless such legislative intent is clearly shown (People v. Cohen, 245 N. Y. 419; cf. Robinson v. Robins Dry Dock & Repair Co., 238 N. Y. 271).

The judgment and order so far as appealed from should be modified to the extent of limiting the recovery to the period commencing July 1, 1957, and as modified affirmed, with costs to respondent.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment modified, etc.

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

Per Curiam.

The courts have consistently held that statutes changing a Statute of Limitations [State Residential Rent Law, § 11, subd. 5; L. 1946, ch. 274, as amd. by L. 1957, ch. 755] will not be given retroactive effect unless such legislative intent is clearly shown (People v. Cohen, 245 N. Y. 419; cf. Robinson v. Robins Dry Dock & Repair Co., 238 N. Y. 271).

The judgment and order so far as appealed from should be modified to the extent of limiting the recovery to the period commencing July 1, 1957, and as modified affirmed, with costs to respondent.

Concur — Hofstadter, J. P., Hecht and Aurelio, JJ.

Judgment modified, etc.

Ilott v. Deibert, 19 Misc. 2d 564, 195 N.Y.S.2d 405, 1959 N.Y. Misc. LEXIS 3594 (N.Y. Ct. App. 1959).

Pincite

19 Misc. 2d 564 (Ilott v. Deibert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related