Lloyd v. Wright

Appellate Terms of the Supreme Court of New York

Lloyd v. Wright

13 Misc. 2d 449, 179 N.Y.S.2d 740

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1958

StatusPublished

This text of 13 Misc. 2d 449 (Lloyd v. Wright) 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

Lloyd v. Wright, 13 Misc. 2d 449, 179 N.Y.S.2d 740 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Plaintiffs’ proof was deficient. The action was based on an alleged fixing of the maximum rent by the Rent Commission and it was not shown that the order of the commission related to the apartment in question. This deficiency might be supplied and plaintiffs should not be precluded from so doing.

The judgment should be modified to show that the dismissal is without prejudice to a new action, and as so modified affirmed, without costs.

Concur — Steuer, J. P., Hofstadteb and Aurelio, JJ.

Judgment modified, etc.

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Per Curiam.

Plaintiffs’ proof was deficient. The action was based on an alleged fixing of the maximum rent by the Rent Commission and it was not shown that the order of the commission related to the apartment in question. This deficiency might be supplied and plaintiffs should not be precluded from so doing.

The judgment should be modified to show that the dismissal is without prejudice to a new action, and as so modified affirmed, without costs.

Concur — Steuer, J. P., Hofstadteb and Aurelio, JJ.

Judgment modified, etc.

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Bluebook (online)

13 Misc. 2d 449, 179 N.Y.S.2d 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-wright-nyappterm-1958.