London v. Weaver

Appellate Division of the Supreme Court of New York

London v. Weaver

10 A.D.2d 618, 196 N.Y.S.2d 262, 1960 N.Y. App. Div. LEXIS 11724

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

DecidedFebruary 16, 1960

StatusPublished

This text of 10 A.D.2d 618 (London v. Weaver) 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

London v. Weaver, 10 A.D.2d 618, 196 N.Y.S.2d 262, 1960 N.Y. App. Div. LEXIS 11724 (N.Y. Ct. App. 1960).

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Opinion

Order annulling the determination of the State Rent Administrator and increasing the maximum rent reversed, on the law and on the facts, with $20 costs and disbursements to the respondent-appellant, the petition dismissed, and the determination reinstated. The aunt and niece had been living together as a family unit, the five-room apartment was secured through a relocation agency, and the aunt and niece physically moved in on the same day. The Administrator’s finding that there was no subletting or increase in occupancy was neither arbitrary nor unreasonable. (State Residential Rent Law, § 4, subd. 4, par. [a], cl. [9]; L. 1946, eh. 274, as amd. by L. 1959, ch. 695.) Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Order annulling the determination of the State Rent Administrator and increasing the maximum rent reversed, on the law and on the facts, with $20 costs and disbursements to the respondent-appellant, the petition dismissed, and the determination reinstated. The aunt and niece had been living together as a family unit, the five-room apartment was secured through a relocation agency, and the aunt and niece physically moved in on the same day. The Administrator’s finding that there was no subletting or increase in occupancy was neither arbitrary nor unreasonable. (State Residential Rent Law, § 4, subd. 4, par. [a], cl. [9]; L. 1946, eh. 274, as amd. by L. 1959, ch. 695.) Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Bluebook (online)

10 A.D.2d 618, 196 N.Y.S.2d 262, 1960 N.Y. App. Div. LEXIS 11724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-v-weaver-nyappdiv-1960.