Seidenberg v. Cavanagh

Appellate Terms of the Supreme Court of New York

Seidenberg v. Cavanagh

204 Misc. 235, 125 N.Y.S.2d 682, 1953 N.Y. Misc. LEXIS 2354

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 12, 1953

StatusPublished

Cited by1 cases

This text of 204 Misc. 235 (Seidenberg v. Cavanagh) 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

Seidenberg v. Cavanagh, 204 Misc. 235, 125 N.Y.S.2d 682, 1953 N.Y. Misc. LEXIS 2354 (N.Y. Ct. App. 1953).

Pincite

Opinion

Per Curiam.

The trial court’s attempted fixation of rent was not based on any legal maximum established pursuant to the Federal or State rent control law. The power to adjust residential rent is vested exclusively in the State rent commission. (Ivanovsky v. Paladino, N. Y. L. J., March 31, 1952, p. 1273, col. 6; Friedman v. Carr, N. Y. L. J., May 16, 1952, p. 1979, col. 1.) "Disposition of this proceeding, including tenant’s counterclaim, must await a determination of the maximum rent by the State rent commission.

[236]*236The final order should be unanimously reversed upon the law, and new trial directed after the maximum rent is determined by the Temporary State Housing Kent Commission, with $30 costs to tenant to abide the event.

Walsh, Cupp and Ughetta, JJ., concur.

Final order reversed, etc.

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Per Curiam.

The trial court’s attempted fixation of rent was not based on any legal maximum established pursuant to the Federal or State rent control law. The power to adjust residential rent is vested exclusively in the State rent commission. (Ivanovsky v. Paladino, N. Y. L. J., March 31, 1952, p. 1273, col. 6; Friedman v. Carr, N. Y. L. J., May 16, 1952, p. 1979, col. 1.) "Disposition of this proceeding, including tenant’s counterclaim, must await a determination of the maximum rent by the State rent commission.

[236]*236The final order should be unanimously reversed upon the law, and new trial directed after the maximum rent is determined by the Temporary State Housing Kent Commission, with $30 costs to tenant to abide the event.

Walsh, Cupp and Ughetta, JJ., concur.

Final order reversed, etc.

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Bluebook (online)

204 Misc. 235, 125 N.Y.S.2d 682, 1953 N.Y. Misc. LEXIS 2354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seidenberg-v-cavanagh-nyappterm-1953.

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