Spear Box Co. v. Perlmutter

Appellate Terms of the Supreme Court of New York

Spear Box Co. v. Perlmutter

191 Misc. 1005, 80 N.Y.S.2d 244, 1948 N.Y. Misc. LEXIS 2524

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 13, 1948

StatusPublished

Cited by1 cases

This text of 191 Misc. 1005 (Spear Box Co. v. Perlmutter) 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

Spear Box Co. v. Perlmutter, 191 Misc. 1005, 80 N.Y.S.2d 244, 1948 N.Y. Misc. LEXIS 2524 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

In a summary proceeding for nonpayment of rent under the emergency statute the landlord is required (L. 1945, ch. 3, § 6) to plead and prove that the rent charged is not greater than the emergency rent or such greater rent therefor as may have been fixed by section 4 of the act.

In this instance while the landlord pleaded that the rent charged is not greater than the emergency rent, and that allegation was admitted by the tenant’s failure to deny it, there was no proof of the allegation.

In a summary proceeding for nonpayment of rent a subtenant is entitled to pay the rent, and thus defeat the proceeding (Peck v. Ingersoll, 7 N. Y. 528; Sokolow v. Meyer, 139 Misc. 424), and in the absence of proof of the emergency rental clearly the landlord made out no case.

The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to a new proceeding.

Hammer, Hofstadter, and Hecht, JJ., concur.

Final order reversed, etc.

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