In re the Arbitration between Viro Realty Corp. & Belmont

Appellate Division of the Supreme Court of New York

In re the Arbitration between Viro Realty Corp. & Belmont

272 A.D.2d 1014

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

DecidedOctober 31, 1947

StatusPublished

This text of 272 A.D.2d 1014 (In re the Arbitration between Viro Realty Corp. & Belmont) 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 the Arbitration between Viro Realty Corp. & Belmont, 272 A.D.2d 1014 (N.Y. Ct. App. 1947).

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Opinion

The record indicates that, as between the parties, the arbitration was purely pro forma and the rent in excess of the emergency rent was by consent of the landlord and a tenant not in possession on the effective date of the statute. To give effect to the declared public policy of the State (Business Rent Law, L. 1945, ch. 314, as amd.), the order denying the motion to vacate the award is reversed, without costs, and the motion granted to vacate the award and the order dated January 31, 1947, confirming the award. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice.

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The record indicates that, as between the parties, the arbitration was purely pro forma and the rent in excess of the emergency rent was by consent of the landlord and a tenant not in possession on the effective date of the statute. To give effect to the declared public policy of the State (Business Rent Law, L. 1945, ch. 314, as amd.), the order denying the motion to vacate the award is reversed, without costs, and the motion granted to vacate the award and the order dated January 31, 1947, confirming the award. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice.

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Bluebook (online)

272 A.D.2d 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-viro-realty-corp-belmont-nyappdiv-1947.