McClover v. Kingswood Management Corp.

Appellate Terms of the Supreme Court of New York

McClover v. Kingswood Management Corp.

185 Misc. 190, 57 N.Y.S.2d 616, 1945 N.Y. Misc. LEXIS 2308

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 6, 1945

StatusPublished

This text of 185 Misc. 190 (McClover v. Kingswood Management Corp.) 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

McClover v. Kingswood Management Corp., 185 Misc. 190, 57 N.Y.S.2d 616, 1945 N.Y. Misc. LEXIS 2308 (N.Y. Ct. App. 1945).

Pincite

Opinion

Memorándum Per Curiam.

The testimony in behalf of the landlord presented a question of fact as to whether some major capital improvement had been made prior to November 1, 1943. It was error, therefore, to strike out the entire testimony. If major capital improvements were made prior to November 1, 1943, the provisions of clause (4) of subdivision (d) of section 4 of the Rent Regulation for Housing in the New York City Defense-Rental Area applied (8 Fed. Reg. 13915).

[192]*192The judgment should be unanimously reversed upon the law and new trial granted, with $30 costs to defendant to abide the event.

The appeal from the order denying summary judgment should be dismissed.

MacCrate, Smith and McCooey, JJ., concur.

Judgment reversed, etc.

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