In re Bowery Savings Bank

Appellate Division of the Supreme Court of New York

In re Bowery Savings Bank

276 A.D.2d 1011

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 1950

StatusPublished

This text of 276 A.D.2d 1011 (In re Bowery Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Bowery Savings Bank, 276 A.D.2d 1011 (N.Y. Ct. App. 1950).

Pincite

Opinion

Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Cohn J., dissents and votes to reverse the order appealed from and to dismiss the petition in the following memorandum: I agree with the findings of the majority save that I am of the view that the fair rental value of all of the space occupied by the petitioner hank was $395,000 a year, which would mean that $270,000 should be produced from the remainder of the premises in order to supply a fair return. Since the rents received from that part of the building not occupied by petitioner are in excess of the amount required to produce a reasonable return, no increase in the appellants’ rent is warranted. Settle order on notice.

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Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.; Cohn J., dissents and votes to reverse the order appealed from and to dismiss the petition in the following memorandum: I agree with the findings of the majority save that I am of the view that the fair rental value of all of the space occupied by the petitioner hank was $395,000 a year, which would mean that $270,000 should be produced from the remainder of the premises in order to supply a fair return. Since the rents received from that part of the building not occupied by petitioner are in excess of the amount required to produce a reasonable return, no increase in the appellants’ rent is warranted. Settle order on notice.

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Bluebook (online)

276 A.D.2d 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bowery-savings-bank-nyappdiv-1950.