In re Rest Right Slipper Co.

Appellate Division of the Supreme Court of New York

In re Rest Right Slipper Co.

276 A.D.2d 837

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

DecidedDecember 20, 1949

StatusPublished

This text of 276 A.D.2d 837 (In re Rest Right Slipper 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 Rest Right Slipper Co., 276 A.D.2d 837 (N.Y. Ct. App. 1949).

Pincite

Opinion

Per Curiam.

The tenant’s petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent “exceeding the amount of the emergency rent”. The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally' initiated under section 4 is by the terms [838]*838of the section itself a proceeding for the fixation of rent in excess of the emergency rent, the purpose and the requirements of the section indicate that only a landlord has the right to initiate such a proceeding.

The order appealed from should be reversed, with $20 costs and disbursements, and the tenant’s petition dismissed, with costs.

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

Order unanimously reversed, with $20 costs and disbursements to the appellants, and tenant’s petition dismissed. Settle order on notice.

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Per Curiam.

The tenant’s petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent “exceeding the amount of the emergency rent”. The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally' initiated under section 4 is by the terms [838]*838of the section itself a proceeding for the fixation of rent in excess of the emergency rent, the purpose and the requirements of the section indicate that only a landlord has the right to initiate such a proceeding.

The order appealed from should be reversed, with $20 costs and disbursements, and the tenant’s petition dismissed, with costs.

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

Order unanimously reversed, with $20 costs and disbursements to the appellants, and tenant’s petition dismissed. Settle order on notice.

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Bluebook (online)

276 A.D.2d 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rest-right-slipper-co-nyappdiv-1949.