Weiss v. Metropolitan Life Insurance

New York Supreme Court

Weiss v. Metropolitan Life Insurance

184 Misc. 122, 50 N.Y.S.2d 911, 1944 N.Y. Misc. LEXIS 2440

CourtNew York Supreme Court

DecidedMarch 24, 1944

StatusPublished

Cited by3 cases

This text of 184 Misc. 122 (Weiss v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weiss v. Metropolitan Life Insurance, 184 Misc. 122, 50 N.Y.S.2d 911, 1944 N.Y. Misc. LEXIS 2440 (N.Y. Super. Ct. 1944).

Pincite

Opinion

Hofstadter, J.

Plaintiffs move for an injunction staying the defendant and a city marshal from proceeding with a warrant to dispossess them from their apartment in premises owned by the defendant.

After the expiration of the tenants’ two-year lease on September 30, 1943, the landlord instituted summary holdover proceedings in the Municipal Court and obtained a final order on October 15, 1943, awarding it possession of the premises. However, the Municipal Court Justice simultaneously stayed all proceedings on the part of the landlord until January 15, 1944, and the tenants were continued in possession. In the meantime, the Bent Begulation for Housing in New York City Defense-Rental Area (8 Fed. Reg. 13914) was promulgated on November 1,1943, in accordance with the Emergency Price Control Act of 1942 (U. S. Code, tit. 50, Appendix, § 901 et seq.). [123]*123Thereafter on March 1,1944, the landlord procured a warrant of dispossess.

Since the landlord-tenant relationship is not terminated until the issuance of the warrant, and a warrant was not issued before November 1, 1943, the tenants are entitled to the protection of the rent regulations. (Matter of Concord Estates v. Burke, 184 Misc. 347; Schwartz v. Trajer Realty Corporation, 56 F. Supp. 930; Leeb v. Elmorton Hldg. Corporation, U. S. Dist. Ct., S. D. N. Y., Jan. 19, 1944, Coxe, J.; Lubin v. Streg, Inc., 56 F. Supp. 146.

Free access — add to your briefcase to read the full text and ask questions with AI

Hofstadter, J.

Plaintiffs move for an injunction staying the defendant and a city marshal from proceeding with a warrant to dispossess them from their apartment in premises owned by the defendant.

After the expiration of the tenants’ two-year lease on September 30, 1943, the landlord instituted summary holdover proceedings in the Municipal Court and obtained a final order on October 15, 1943, awarding it possession of the premises. However, the Municipal Court Justice simultaneously stayed all proceedings on the part of the landlord until January 15, 1944, and the tenants were continued in possession. In the meantime, the Bent Begulation for Housing in New York City Defense-Rental Area (8 Fed. Reg. 13914) was promulgated on November 1,1943, in accordance with the Emergency Price Control Act of 1942 (U. S. Code, tit. 50, Appendix, § 901 et seq.). [123]*123Thereafter on March 1,1944, the landlord procured a warrant of dispossess.

Since the landlord-tenant relationship is not terminated until the issuance of the warrant, and a warrant was not issued before November 1, 1943, the tenants are entitled to the protection of the rent regulations. (Matter of Concord Estates v. Burke, 184 Misc. 347; Schwartz v. Trajer Realty Corporation, 56 F. Supp. 930; Leeb v. Elmorton Hldg. Corporation, U. S. Dist. Ct., S. D. N. Y., Jan. 19, 1944, Coxe, J.; Lubin v. Streg, Inc., 56 F. Supp. 146.

Cite This Page — Counsel Stack

Bluebook (online)

184 Misc. 122, 50 N.Y.S.2d 911, 1944 N.Y. Misc. LEXIS 2440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-metropolitan-life-insurance-nysupct-1944.

Opinion

Related

Cite This Page — Counsel Stack