Simon v. Mayer

Appellate Terms of the Supreme Court of New York

Simon v. Mayer

188 Misc. 166, 67 N.Y.S.2d 424, 1946 N.Y. Misc. LEXIS 3257

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 12, 1946

StatusPublished

This text of 188 Misc. 166 (Simon v. Mayer) 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

Simon v. Mayer, 188 Misc. 166, 67 N.Y.S.2d 424, 1946 N.Y. Misc. LEXIS 3257 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

There was evidence tending to show that the landlord sought “ in good faith not to offer the room for rent ” [167]*167within the meaning of paragraph (5) of subdivision (a) oí section 6 of.the Bent Eegulation for Hotels and Booming Houses in the Hew York City Defense-Bental Area .(10 Federal Begister 324, 328). The fact that the landlord intends to occupy the space himself does not take the case out of the scope of that provision. It was error to dismiss the petition.

The final order should he reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

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Per Curiam.

There was evidence tending to show that the landlord sought “ in good faith not to offer the room for rent ” [167]*167within the meaning of paragraph (5) of subdivision (a) oí section 6 of.the Bent Eegulation for Hotels and Booming Houses in the Hew York City Defense-Bental Area .(10 Federal Begister 324, 328). The fact that the landlord intends to occupy the space himself does not take the case out of the scope of that provision. It was error to dismiss the petition.

The final order should he reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

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Bluebook (online)

188 Misc. 166, 67 N.Y.S.2d 424, 1946 N.Y. Misc. LEXIS 3257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-mayer-nyappterm-1946.