In re Melvyne Realty Co.

Appellate Division of the Supreme Court of New York

In re Melvyne Realty Co.

274 A.D. 786, 80 N.Y.S.2d 67, 1948 N.Y. App. Div. LEXIS 3346

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

DecidedJune 22, 1948

StatusPublished

Cited by1 cases

This text of 274 A.D. 786 (In re Melvyne Realty Co.) 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 Melvyne Realty Co., 274 A.D. 786, 80 N.Y.S.2d 67, 1948 N.Y. App. Div. LEXIS 3346 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

Although a landlord, in a proceeding to fix the emergency rent after termination of a lease providing for graduated rentals, is not required to give the bill of particulars specified by the emergency rent statute, an appropriate bill of particulars may be ordered in any cage. The issue here is “ comparable ” rental and a bill is proper. The order should be modified however by striking out item 3 and by eliminating from item 4 the words “ and other details ”. Moreover, the remaining items shall be limited to leases affecting floors 10th to 14th, inclusive, and the 16th floor. As herein modified the order is affirmed, with disbursements to the appellant, but without costs.

Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ., concur.

Order unanimously modified in accordance with opinion and as so modified affirmed, with disbursements to the appellant but without costs. Settle order on notice.

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Per Curiam.

Although a landlord, in a proceeding to fix the emergency rent after termination of a lease providing for graduated rentals, is not required to give the bill of particulars specified by the emergency rent statute, an appropriate bill of particulars may be ordered in any cage. The issue here is “ comparable ” rental and a bill is proper. The order should be modified however by striking out item 3 and by eliminating from item 4 the words “ and other details ”. Moreover, the remaining items shall be limited to leases affecting floors 10th to 14th, inclusive, and the 16th floor. As herein modified the order is affirmed, with disbursements to the appellant, but without costs.

Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ., concur.

Order unanimously modified in accordance with opinion and as so modified affirmed, with disbursements to the appellant but without costs. Settle order on notice.

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Bluebook (online)

274 A.D. 786, 80 N.Y.S.2d 67, 1948 N.Y. App. Div. LEXIS 3346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-melvyne-realty-co-nyappdiv-1948.

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