Urist v. Rubin

Appellate Terms of the Supreme Court of New York

Urist v. Rubin

195 Misc. 50, 88 N.Y.S.2d 828, 1949 N.Y. Misc. LEXIS 2191

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 10, 1949

StatusPublished

This text of 195 Misc. 50 (Urist v. Rubin) 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

Urist v. Rubin, 195 Misc. 50, 88 N.Y.S.2d 828, 1949 N.Y. Misc. LEXIS 2191 (N.Y. Ct. App. 1949).

Pincite

Opinion

Per Curiam.

The court below was without power to grant the amendment sought. Such amendment involves a substantial change, and is in substance, a new decision (Heinitz v. Darmstadt, 140 App. Div. 252; Shames v. Barrett, 166 N. Y. S. 756; Trustees of Masonic Ball Asylum Fund v. Fontana, 99 Misc. 497). The final order in each case, so far as «appealed from by landlord, should be affirmed, with $30 costs to respondents, as of one appeal.

Orders amending final order in each case, so far as appealed from by tenants, should be reversed and motion to amend final order in each case denied.

Hammer, Pecora and Eder, JJ., concur.

Ordered accordingly.

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