Sam Priceman Construction Co. v. Goldstein

Appellate Terms of the Supreme Court of New York

Sam Priceman Construction Co. v. Goldstein

183 Misc. 171, 51 N.Y.S.2d 161, 1944 N.Y. Misc. LEXIS 2475

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 5, 1944

StatusPublished

Cited by2 cases

This text of 183 Misc. 171 (Sam Priceman Construction Co. v. Goldstein) 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

Sam Priceman Construction Co. v. Goldstein, 183 Misc. 171, 51 N.Y.S.2d 161, 1944 N.Y. Misc. LEXIS 2475 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum

Per Curiam.

The landlord failed to prove that any written notice to desist from violating an obligation of the lease had been served upon the tenant and that he continued violation of such obligation thereafter; or that the tenant committed or permitted a nuisance (Rent Regulation for Housing in the New York City Defense-Rental Area, § 6, subd. [a], par. [3], eff. Nov. 1,1943; 8 Fed. Reg. 13918) or that a certificate had been issued to permit institution of proceedings on the ground that the tenant was objectionable (Rent Regulation for Housing in the New York City Defense-Rental Area, § 6, subd. [b], par. [1]; 8 Fed. Reg. 13918). While the assault on the janitor was a cowardly act properly brought to the attention of the tenant’s superiors, and' he is too easily provoked to threats to shoot, nevertheless in the absence of proof of commission of a nuisance or written notice to desist from violating an obligation of the lease or a certificate authorizing a proceeding based on some ground not covered by the Office of Price Administration Rega[172]*172lation, the landlord failed to make a ease. The final order should be reversed on the law, with ten dollars costs, and petition dismissed.

MacCrate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

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Memorandum

Per Curiam.

The landlord failed to prove that any written notice to desist from violating an obligation of the lease had been served upon the tenant and that he continued violation of such obligation thereafter; or that the tenant committed or permitted a nuisance (Rent Regulation for Housing in the New York City Defense-Rental Area, § 6, subd. [a], par. [3], eff. Nov. 1,1943; 8 Fed. Reg. 13918) or that a certificate had been issued to permit institution of proceedings on the ground that the tenant was objectionable (Rent Regulation for Housing in the New York City Defense-Rental Area, § 6, subd. [b], par. [1]; 8 Fed. Reg. 13918). While the assault on the janitor was a cowardly act properly brought to the attention of the tenant’s superiors, and' he is too easily provoked to threats to shoot, nevertheless in the absence of proof of commission of a nuisance or written notice to desist from violating an obligation of the lease or a certificate authorizing a proceeding based on some ground not covered by the Office of Price Administration Rega[172]*172lation, the landlord failed to make a ease. The final order should be reversed on the law, with ten dollars costs, and petition dismissed.

MacCrate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

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Bluebook (online)

183 Misc. 171, 51 N.Y.S.2d 161, 1944 N.Y. Misc. LEXIS 2475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sam-priceman-construction-co-v-goldstein-nyappterm-1944.

Opinion

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