Thorpe v. Jenkins

Appellate Terms of the Supreme Court of New York

Thorpe v. Jenkins

187 Misc. 293, 63 N.Y.S.2d 458, 1946 N.Y. Misc. LEXIS 2432

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 13, 1946

StatusPublished

Cited by2 cases

This text of 187 Misc. 293 (Thorpe v. Jenkins) 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

Thorpe v. Jenkins, 187 Misc. 293, 63 N.Y.S.2d 458, 1946 N.Y. Misc. LEXIS 2432 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum Upon the expiration of the date fixed in the notice, for the. termination of the-tenancy and upon the issuance by the Office of Price Administration of its certificate of eviction the landlords became entitled to a final order of dispossess under the applicable provisions of. subdivision 1 of section 1410 of the' Civil Practice Act. The defense of lack of good faith on the part of the landlords has no application to a proceeding brought under the provisions of subdivision (b) of section 6 of the Federal Rent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13918). (Metropolitan Life Ins. Co. v. Schottland, 185 Misc. 125, mod. 270 App. Div. 915.)

The final order in favor of tenant should be reversed, with $30 costs, and final order directed in favor of the landlords, with costs.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

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Per Curiam.

Memorandum Upon the expiration of the date fixed in the notice, for the. termination of the-tenancy and upon the issuance by the Office of Price Administration of its certificate of eviction the landlords became entitled to a final order of dispossess under the applicable provisions of. subdivision 1 of section 1410 of the' Civil Practice Act. The defense of lack of good faith on the part of the landlords has no application to a proceeding brought under the provisions of subdivision (b) of section 6 of the Federal Rent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13918). (Metropolitan Life Ins. Co. v. Schottland, 185 Misc. 125, mod. 270 App. Div. 915.)

The final order in favor of tenant should be reversed, with $30 costs, and final order directed in favor of the landlords, with costs.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

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Bluebook (online)

187 Misc. 293, 63 N.Y.S.2d 458, 1946 N.Y. Misc. LEXIS 2432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorpe-v-jenkins-nyappterm-1946.

Opinion

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