Messinger Realty Co. v. Fass

Appellate Terms of the Supreme Court of New York

Messinger Realty Co. v. Fass

190 Misc. 1049, 76 N.Y.S.2d 647, 1947 N.Y. Misc. LEXIS 3624

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 24, 1947

StatusPublished

This text of 190 Misc. 1049 (Messinger Realty Co. v. Fass) 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

Messinger Realty Co. v. Fass, 190 Misc. 1049, 76 N.Y.S.2d 647, 1947 N.Y. Misc. LEXIS 3624 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

Memorandum Upon the expiration of the lease, which provided for a rental in a graduated scale, landlord was not entitled to receive rent at the rate provided for in the lease for the last month of the term. The statute provides “ * * * upon the expiration of such lease, the emergency rent shall be a reasonable rent to be fixed by agreement, by arbitration, or by the supreme court upon the basis of the rent charged for the most nearly comparable business space in the same building or other rental area, or other satisfactory evidence, at the time of such agreement, or on the date the application to the supreme court or submission to arbitration is made.” (Business Rent Law, § 13 [L. 1945, ch. 314, as amd.].)

The final order should be reversed, with $30 costs, and proceeding dismissed, with costs.

Hammer, Hofstadter and Hecht, JJ., concur.

Final order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Memorandum Upon the expiration of the lease, which provided for a rental in a graduated scale, landlord was not entitled to receive rent at the rate provided for in the lease for the last month of the term. The statute provides “ * * * upon the expiration of such lease, the emergency rent shall be a reasonable rent to be fixed by agreement, by arbitration, or by the supreme court upon the basis of the rent charged for the most nearly comparable business space in the same building or other rental area, or other satisfactory evidence, at the time of such agreement, or on the date the application to the supreme court or submission to arbitration is made.” (Business Rent Law, § 13 [L. 1945, ch. 314, as amd.].)

The final order should be reversed, with $30 costs, and proceeding dismissed, with costs.

Hammer, Hofstadter and Hecht, JJ., concur.

Final order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

190 Misc. 1049, 76 N.Y.S.2d 647, 1947 N.Y. Misc. LEXIS 3624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messinger-realty-co-v-fass-nyappterm-1947.