President & Directors of Manhattan Co. v. Albert

New York Supreme Court

President & Directors of Manhattan Co. v. Albert

193 Misc. 64, 84 N.Y.S.2d 795, 1948 N.Y. Misc. LEXIS 3673

DecidedOctober 21, 1948

StatusPublished

This text of 193 Misc. 64 (President & Directors of Manhattan Co. v. Albert) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

President & Directors of Manhattan Co. v. Albert, 193 Misc. 64, 84 N.Y.S.2d 795, 1948 N.Y. Misc. LEXIS 3673 (N.Y. Super. Ct. 1948).

Pincite

Opinion

Per Curiam.

There is nothing in the Business Bent Law (L. 1945, ch. 314, as amd.) which prohibits a landlord from terminating a monthly tenancy by a proper notice. Here there was lawful notice terminating the letting. The prohibition of the statute is against removal if the tenant pays the rent to which the landlord is entitled. The provisions of section 5, when read- with the provisions of section 8 dealing with renewals, make clear that the emergency rent is fair rent which the landlord can ask in the absence of a subsisting agreement for a lower rent.

The final order should be unanimously modified on the law, by directing that the landlord recover the amount demanded in the petition, and as so modified, final order affirmed,, with $12.50 costs to the landlord.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Ordered accordingly.

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Per Curiam.

There is nothing in the Business Bent Law (L. 1945, ch. 314, as amd.) which prohibits a landlord from terminating a monthly tenancy by a proper notice. Here there was lawful notice terminating the letting. The prohibition of the statute is against removal if the tenant pays the rent to which the landlord is entitled. The provisions of section 5, when read- with the provisions of section 8 dealing with renewals, make clear that the emergency rent is fair rent which the landlord can ask in the absence of a subsisting agreement for a lower rent.

The final order should be unanimously modified on the law, by directing that the landlord recover the amount demanded in the petition, and as so modified, final order affirmed,, with $12.50 costs to the landlord.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Ordered accordingly.

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Bluebook (online)

193 Misc. 64, 84 N.Y.S.2d 795, 1948 N.Y. Misc. LEXIS 3673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-directors-of-manhattan-co-v-albert-nysupct-1948.