Schimmel v. Barberer

Appellate Terms of the Supreme Court of New York

Schimmel v. Barberer

187 Misc. 525, 67 N.Y.S.2d 425, 1946 N.Y. Misc. LEXIS 3258

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 29, 1946

StatusPublished

This text of 187 Misc. 525 (Schimmel v. Barberer) 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

Schimmel v. Barberer, 187 Misc. 525, 67 N.Y.S.2d 425, 1946 N.Y. Misc. LEXIS 3258 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum The landlord’s recovery of rent is restricted by section 260 of the Multiple Dwelling Law, which became effective April 19,1945. (L. 1945, ch. 880.) Under that statute, the landlord has the burden of proving that the rent demanded did not exceed the lowest rent charged for any month between September 30,1937, and March 3,1938. No such proof was offered.

The final order and judgment should be unanimously reversed upon the law, and new trial granted, without costs of this appeal to either party, the new trial to be limited to the determination of the amount of rent due.

MacCrate, MoCooet and Steinbrink, JJ., concur.

Order and judgment reversed, etc.

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Per Curiam.

Memorandum The landlord’s recovery of rent is restricted by section 260 of the Multiple Dwelling Law, which became effective April 19,1945. (L. 1945, ch. 880.) Under that statute, the landlord has the burden of proving that the rent demanded did not exceed the lowest rent charged for any month between September 30,1937, and March 3,1938. No such proof was offered.

The final order and judgment should be unanimously reversed upon the law, and new trial granted, without costs of this appeal to either party, the new trial to be limited to the determination of the amount of rent due.

MacCrate, MoCooet and Steinbrink, JJ., concur.

Order and judgment reversed, etc.

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Bluebook (online)

187 Misc. 525, 67 N.Y.S.2d 425, 1946 N.Y. Misc. LEXIS 3258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schimmel-v-barberer-nyappterm-1946.