Sherer v. Weaver

Appellate Division of the Supreme Court of New York

Sherer v. Weaver

7 A.D.2d 906, 182 N.Y.S.2d 687, 1959 N.Y. App. Div. LEXIS 9846

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 24, 1959

StatusPublished

This text of 7 A.D.2d 906 (Sherer v. Weaver) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherer v. Weaver, 7 A.D.2d 906, 182 N.Y.S.2d 687, 1959 N.Y. App. Div. LEXIS 9846 (N.Y. Ct. App. 1959).

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Opinion

Order appealed from unanimously affirmed, without costs. Subsequent to the granting of the landlord’s application for a certificate of eviction against the tenant Trifilio, the landlord, on April 16, 1956, applied for an increase in maximum rent on the basis of the tenancy of Trifilio and the occupancy of the subtenant Del Torro. The landlord’s application of April 16, 1956 and the proceedings thereon are before us and we are entitled to consider them on this appeal (Ripley v. Storer, 309 N. Y. 506, 518). We find, under the circumstances of .this case, that the landlord has waived his right to apply for a certificate of eviction against the subtenant Del Torro and it is unnecessary to pass on any other question. Concur — Botein, P. J., Breitel, M. M. Frank, McNally and Stevens, JJ.

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Order appealed from unanimously affirmed, without costs. Subsequent to the granting of the landlord’s application for a certificate of eviction against the tenant Trifilio, the landlord, on April 16, 1956, applied for an increase in maximum rent on the basis of the tenancy of Trifilio and the occupancy of the subtenant Del Torro. The landlord’s application of April 16, 1956 and the proceedings thereon are before us and we are entitled to consider them on this appeal (Ripley v. Storer, 309 N. Y. 506, 518). We find, under the circumstances of .this case, that the landlord has waived his right to apply for a certificate of eviction against the subtenant Del Torro and it is unnecessary to pass on any other question. Concur — Botein, P. J., Breitel, M. M. Frank, McNally and Stevens, JJ.

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Bluebook (online)

7 A.D.2d 906, 182 N.Y.S.2d 687, 1959 N.Y. App. Div. LEXIS 9846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherer-v-weaver-nyappdiv-1959.

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