In re Henard Realty Corp.

Appellate Division of the Supreme Court of New York

In re Henard Realty Corp.

272 A.D.2d 1010

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

DecidedOctober 31, 1947

StatusPublished

This text of 272 A.D.2d 1010 (In re Henard Realty Corp.) 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 Henard Realty Corp., 272 A.D.2d 1010 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

A prior adjudication fixing the fair and reasonable rental of commercial space pursuant to the provisions ofi chapter 3 of the Laws of 1945, as amended, is not a bar to a subsequent proceeding by a landlord for the fixation of such rent where the second petition sets forth facts showing a substantial change in circumstances indicating that the landlord was no longer receiving a fair return on his investment as contemplated by the statute. The second proceeding, instituted by the landlord sets forth no such facts.

The order dismissing the petition should, accordingly, be affirmed, without costs, but without prejudice to the service of an amended petition in accordance with the foregoing determination.

Peek, P. J., Glennon, Dore, Yan Yoorhis and Shientag, JJ., concur.

Order unanimously affirmed, without costs, but without prejudice to the service o£ an amended petition in accordance with the opinion.

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

Per Curiam.

A prior adjudication fixing the fair and reasonable rental of commercial space pursuant to the provisions ofi chapter 3 of the Laws of 1945, as amended, is not a bar to a subsequent proceeding by a landlord for the fixation of such rent where the second petition sets forth facts showing a substantial change in circumstances indicating that the landlord was no longer receiving a fair return on his investment as contemplated by the statute. The second proceeding, instituted by the landlord sets forth no such facts.

The order dismissing the petition should, accordingly, be affirmed, without costs, but without prejudice to the service of an amended petition in accordance with the foregoing determination.

Peek, P. J., Glennon, Dore, Yan Yoorhis and Shientag, JJ., concur.

Order unanimously affirmed, without costs, but without prejudice to the service o£ an amended petition in accordance with the opinion.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-henard-realty-corp-nyappdiv-1947.