In re Jayju Investing Corp.

Appellate Division of the Supreme Court of New York

In re Jayju Investing Corp.

271 A.D.2d 965

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

DecidedFebruary 14, 1947

StatusPublished

This text of 271 A.D.2d 965 (In re Jayju Investing 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.

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In re Jayju Investing Corp., 271 A.D.2d 965 (N.Y. Ct. App. 1947).

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Opinion

We are of opinion that the petitioner’s proof did not overcome the presumptive value of the property as shown by the assessment roll. On the particular facts of the case, however, we deem petitioner entitled to credit for the cost of maintenance and operation. Order unanimously modified by fixing the rent of the premises at $7,783.67 per annum from August 3, 1945, and, as so modified, affirmed, with costs and disbursements to appellant. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Peck, JJ. ’

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We are of opinion that the petitioner’s proof did not overcome the presumptive value of the property as shown by the assessment roll. On the particular facts of the case, however, we deem petitioner entitled to credit for the cost of maintenance and operation. Order unanimously modified by fixing the rent of the premises at $7,783.67 per annum from August 3, 1945, and, as so modified, affirmed, with costs and disbursements to appellant. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Peck, JJ. ’

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Bluebook (online)

271 A.D.2d 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jayju-investing-corp-nyappdiv-1947.