Johnson v. Block

Appellate Terms of the Supreme Court of New York

Johnson v. Block

65 Misc. 2d 634, 319 N.Y.S.2d 270, 1971 N.Y. Misc. LEXIS 1951

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 6, 1971

StatusPublished

Cited by4 cases

This text of 65 Misc. 2d 634 (Johnson v. Block) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Block, 65 Misc. 2d 634, 319 N.Y.S.2d 270, 1971 N.Y. Misc. LEXIS 1951 (N.Y. Ct. App. 1971).

Pincite

Opinions

Per Curiam.

The word “ Landlord ” is defined in title Y of the Administrative Code of the City of New York as including an owner, lessor, sublessor or an agent of any one of them (§ Y51-3.0, subd. f). In equating an agent of an owner to the very owner, the statute makes them equally answerable for receiving rent in excess of the lawful maximum rent, without respect to which of them eventually retains it (see Albrecht v. Busch, App. Term, 1st Dept., Jan. 1970, No. 439). Thus, the landlord and agent are jointly and severally liable, and may be so sued, without the requirement that an action be instituted against both.

[635]*635Michalowski v. Ey (7 N Y 2d 71, 75) has no application to this small claims case where, all pleadings being expressly dispensed with by statute (CCA, § 1803), no formal demand or prayer for relief, limiting damages, need be deemed included in the Clerk’s concise written statement of the claim. The Small Claims Court’s findings and entry of judgment for increased damages, on defendant’s failure to sustain the burden of proving exculpation therefrom, were in conformity with CPLR 4018. Judgment should be affirmed, without costs.

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Per Curiam.

The word “ Landlord ” is defined in title Y of the Administrative Code of the City of New York as including an owner, lessor, sublessor or an agent of any one of them (§ Y51-3.0, subd. f). In equating an agent of an owner to the very owner, the statute makes them equally answerable for receiving rent in excess of the lawful maximum rent, without respect to which of them eventually retains it (see Albrecht v. Busch, App. Term, 1st Dept., Jan. 1970, No. 439). Thus, the landlord and agent are jointly and severally liable, and may be so sued, without the requirement that an action be instituted against both.

[635]*635Michalowski v. Ey (7 N Y 2d 71, 75) has no application to this small claims case where, all pleadings being expressly dispensed with by statute (CCA, § 1803), no formal demand or prayer for relief, limiting damages, need be deemed included in the Clerk’s concise written statement of the claim. The Small Claims Court’s findings and entry of judgment for increased damages, on defendant’s failure to sustain the burden of proving exculpation therefrom, were in conformity with CPLR 4018. Judgment should be affirmed, without costs.

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Bluebook (online)

65 Misc. 2d 634, 319 N.Y.S.2d 270, 1971 N.Y. Misc. LEXIS 1951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-block-nyappterm-1971.

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