Spolan v. Capua

Appellate Terms of the Supreme Court of New York

Spolan v. Capua

19 Misc. 2d 782, 193 N.Y.S.2d 578

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 2, 1959

StatusPublished

Cited by1 cases

This text of 19 Misc. 2d 782 (Spolan v. Capua) 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

Spolan v. Capua, 19 Misc. 2d 782, 193 N.Y.S.2d 578 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The purported rental of additional garage space, as commercial space, in conjunction with the rental of the housing accommodations, was in effect the rental of a service in connection with the apartment (Einhorn v. 100 E. 21st St. Garage, 278 App. Div. 848; Fromm v. Meyerowitz, 197 Misc. 271). The collection of a separate rental for said garage space without first obtaining authorization therefor from the Rent Administrator was an overcharge of rent (Baum v. Crosfield, 279 App. Div. 1088).

The judgment should be unanimously reversed upon the law and facts, with $30 costs to plaintiff, and judgment directed for plaintiff for the sum of $356.50 plus $100 attorney’s fees, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The purported rental of additional garage space, as commercial space, in conjunction with the rental of the housing accommodations, was in effect the rental of a service in connection with the apartment (Einhorn v. 100 E. 21st St. Garage, 278 App. Div. 848; Fromm v. Meyerowitz, 197 Misc. 271). The collection of a separate rental for said garage space without first obtaining authorization therefor from the Rent Administrator was an overcharge of rent (Baum v. Crosfield, 279 App. Div. 1088).

The judgment should be unanimously reversed upon the law and facts, with $30 costs to plaintiff, and judgment directed for plaintiff for the sum of $356.50 plus $100 attorney’s fees, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Bluebook (online)

19 Misc. 2d 782, 193 N.Y.S.2d 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spolan-v-capua-nyappterm-1959.

Opinion

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