United States Trust Co. v. Schaeffer

Appellate Terms of the Supreme Court of New York

United States Trust Co. v. Schaeffer

185 Misc. 148, 55 N.Y.S.2d 886, 1945 N.Y. Misc. LEXIS 1948

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 8, 1945

StatusPublished

Cited by4 cases

This text of 185 Misc. 148 (United States Trust Co. v. Schaeffer) 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

United States Trust Co. v. Schaeffer, 185 Misc. 148, 55 N.Y.S.2d 886, 1945 N.Y. Misc. LEXIS 1948 (N.Y. Ct. App. 1945).

Pincite

Opinion

Memorandum Per Curiam.

The tenants-lessees having rented the entire building, consisting of less than twenty-five furnished rooms, as housing accommodations, under paragraph (4) of subdivision (b) of section 1 of the Rent Regulation for Housing in the New York City Defense-Rental Area (8 Fed. Reg. 13915) the demised premises are subject to the provisions of said regulations.

Further, as under the business space law (L. 1945, ch. 314, § 2, subd. [a]) business space is space “ other than * * * (2) * * * dwelling space in rooming houses, apartment houses, dwelling and other housing accommodations ”, the ruling below that the demised premises are business space within the meaning of said statute and summary proceedings for holding over the term were not available to the petitioners was erroneous.

The final order and judgment should be reversed and new trial ordered, with $30 costs to appellants to abide the event.

Hammer, Shientag and Eder, JJ., concur.

Judgment reversed, etc.

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