In re Weber

Appellate Division of the Supreme Court of New York

In re Weber

277 A.D.2d 776

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

DecidedMay 1, 1950

StatusPublished

This text of 277 A.D.2d 776 (In re Weber) 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 Weber, 277 A.D.2d 776 (N.Y. Ct. App. 1950).

Pincite

Opinion

In a proceeding to fix the emergency rent of commercial space an order was made by an Official Referee granting the tenant’s motion to vacate a prior hearing and to direct a rehearing de novo. The granting of such relief, however, was coupled with the condition that the tenant pay to the landlord the sum of $1,500 on account of any rent due or which may become due from the tenant. The tenant appeals from so much of the order as imposes such condition. Order, insofar as appealed from, modified by striking from the first ordering paragraph the words “ within five (5) days after the service of a copy of the within order with notice of entry thereof on the attorney for the Respondent herein” and inserting in place thereof the following: “ on or before the 10th day of May, 1950,”; and by striking from the second ordering paragraph the words “ five (5) day ” and the date “ 1st day of March ” and inserting in place of such date the following: “15th day of May.” As thus modified the order is affirmed, with $10 costs and disbursements to the appellant. No opinion. Nolan, P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 777.]

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In a proceeding to fix the emergency rent of commercial space an order was made by an Official Referee granting the tenant’s motion to vacate a prior hearing and to direct a rehearing de novo. The granting of such relief, however, was coupled with the condition that the tenant pay to the landlord the sum of $1,500 on account of any rent due or which may become due from the tenant. The tenant appeals from so much of the order as imposes such condition. Order, insofar as appealed from, modified by striking from the first ordering paragraph the words “ within five (5) days after the service of a copy of the within order with notice of entry thereof on the attorney for the Respondent herein” and inserting in place thereof the following: “ on or before the 10th day of May, 1950,”; and by striking from the second ordering paragraph the words “ five (5) day ” and the date “ 1st day of March ” and inserting in place of such date the following: “15th day of May.” As thus modified the order is affirmed, with $10 costs and disbursements to the appellant. No opinion. Nolan, P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 777.]

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Bluebook (online)

277 A.D.2d 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-weber-nyappdiv-1950.