Kellong Holding Corp. v. Wilson

Appellate Terms of the Supreme Court of New York

Kellong Holding Corp. v. Wilson

21 Misc. 2d 287, 194 N.Y.S.2d 130, 1959 N.Y. Misc. LEXIS 2548

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 25, 1959

StatusPublished

Cited by3 cases

This text of 21 Misc. 2d 287 (Kellong Holding Corp. v. Wilson) 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

Kellong Holding Corp. v. Wilson, 21 Misc. 2d 287, 194 N.Y.S.2d 130, 1959 N.Y. Misc. LEXIS 2548 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Neither the retention of money orders reflecting current rent, nor acceptance of reduced rental pursuant to an order of the Bent Commission, later revoked, constitutes basis for either waiver or estoppel. While the order of the Bent Commission was in effect, the landlord was forbidden to accept more than the rent fixed therein. Moreover, the Civil Practice Act permits the maintenance of summary proceedings upon default in payment of rent where the occupancy is “with or without the permission of the landlord ’\ (Civ. Prac. Act, § 1410, subd. 2; Wasservogel v. Meyerowitz, 300 N. Y. 125; 504 West 145th St. Corp. v. Story, 146 N. Y. S. 2d 491.)

The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in the petition, with costs.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ-

Final order reversed, etc.

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Per Curiam.

Neither the retention of money orders reflecting current rent, nor acceptance of reduced rental pursuant to an order of the Bent Commission, later revoked, constitutes basis for either waiver or estoppel. While the order of the Bent Commission was in effect, the landlord was forbidden to accept more than the rent fixed therein. Moreover, the Civil Practice Act permits the maintenance of summary proceedings upon default in payment of rent where the occupancy is “with or without the permission of the landlord ’\ (Civ. Prac. Act, § 1410, subd. 2; Wasservogel v. Meyerowitz, 300 N. Y. 125; 504 West 145th St. Corp. v. Story, 146 N. Y. S. 2d 491.)

The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in the petition, with costs.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ-

Final order reversed, etc.

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Bluebook (online)

21 Misc. 2d 287, 194 N.Y.S.2d 130, 1959 N.Y. Misc. LEXIS 2548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellong-holding-corp-v-wilson-nyappterm-1959.

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