Spencer v. Kupersmit

Appellate Terms of the Supreme Court of New York

Spencer v. Kupersmit

187 Misc. 362, 65 N.Y.S.2d 732, 1946 N.Y. Misc. LEXIS 2921

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 28, 1946

StatusPublished

This text of 187 Misc. 362 (Spencer v. Kupersmit) 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

Spencer v. Kupersmit, 187 Misc. 362, 65 N.Y.S.2d 732, 1946 N.Y. Misc. LEXIS 2921 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum The landlord has failed to establish the emergency rent for the rental unit in question, and thus has failed to prove that the rent charged is not greater than the emergency rent. Accordingly, under section 6 of the Commercial Bent Law (L. 1945, ch. 3), this notion could not be maintained. It also appears that the landlord has failed to prove that the statement required by section 3 had been given.

[365]*365The final order should be reversed, with $30 costs, and final order directed in favor of tenants, with costs, without prejudice to a new proceeding.

Hammer, Shientag and Eder, JJ., concur.

Order reversed, etc.

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Per Curiam.

Memorandum The landlord has failed to establish the emergency rent for the rental unit in question, and thus has failed to prove that the rent charged is not greater than the emergency rent. Accordingly, under section 6 of the Commercial Bent Law (L. 1945, ch. 3), this notion could not be maintained. It also appears that the landlord has failed to prove that the statement required by section 3 had been given.

[365]*365The final order should be reversed, with $30 costs, and final order directed in favor of tenants, with costs, without prejudice to a new proceeding.

Hammer, Shientag and Eder, JJ., concur.

Order reversed, etc.

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Bluebook (online)

187 Misc. 362, 65 N.Y.S.2d 732, 1946 N.Y. Misc. LEXIS 2921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-kupersmit-nyappterm-1946.