In re Golden

Appellate Division of the Supreme Court of New York

In re Golden

285 A.D. 927, 138 N.Y.S.2d 80, 1955 N.Y. App. Div. LEXIS 6132

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1955·Published

Opinion

—■ Order, so far as appealed from, unanimously modified so as to eliminate from the first decretal provision the concluding words “but this increase in respondent’s rent is to take effect only as of December 1, 1954,” without costs of this appeal. There was no warrant in law or in the exercise of discretion for fixing the effective date of the fair rental value other than the “ date [of] the application to the supreme court ” (L. 1945, ch. 314, § 4, subd. 1, as amd.; Matter of Flatto [Sandler], 279 App. Div. 714; Matter of FrmJcel [Fder], 277 App. Div. 968). Settle order. Present — Peck, P. J., Cohn, Breitel, Bastow and Rabin, JJ.

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—■ Order, so far as appealed from, unanimously modified so as to eliminate from the first decretal provision the concluding words “but this increase in respondent’s rent is to take effect only as of December 1, 1954,” without costs of this appeal. There was no warrant in law or in the exercise of discretion for fixing the effective date of the fair rental value other than the “ date [of] the application to the supreme court ” (L. 1945, ch. 314, § 4, subd. 1, as amd.; Matter of Flatto [Sandler], 279 App. Div. 714; Matter of FrmJcel [Fder], 277 App. Div. 968). Settle order. Present — Peck, P. J., Cohn, Breitel, Bastow and Rabin, JJ.

In re Golden, 285 A.D. 927, 138 N.Y.S.2d 80, 1955 N.Y. App. Div. LEXIS 6132 (N.Y. Ct. App. 1955).

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Opinion

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