Weissfeld v. Summers

Appellate Terms of the Supreme Court of New York

Weissfeld v. Summers

196 Misc. 450, 94 N.Y.S.2d 255, 1949 N.Y. Misc. LEXIS 3074

Appellate Terms of the Supreme Court of New York·Decided October 6, 1949·Published·Cited by 1 cases

Opinion

Per Curiam.

The court below was without power to reduce the tenant’s rent based upon an alleged decrease in the minimnm [451]*451services. The remedy, if any, is by appropriate application to the Housing Expediter under paragraph (3) of subdivision (b) and paragraph (3) of subdivision (c) of section 5 of the Federal Controlled Housing Rent Regulation (Penner v. Geller, 193 Misc. 821; G. M. G. Realty Co. v. Spring, 191 Misc. 945).

The final order should be unanimously modified upon the law by increasing the amount of the recovery to $75 with disbursements, and as so modified, affirmed, with $25 costs to landlord. Steinbrink, Fennelly and Bubenstein, JJ., concur.

Ordered accordingly.

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Per Curiam.

The court below was without power to reduce the tenant’s rent based upon an alleged decrease in the minimnm [451]*451services. The remedy, if any, is by appropriate application to the Housing Expediter under paragraph (3) of subdivision (b) and paragraph (3) of subdivision (c) of section 5 of the Federal Controlled Housing Rent Regulation (Penner v. Geller, 193 Misc. 821; G. M. G. Realty Co. v. Spring, 191 Misc. 945).

The final order should be unanimously modified upon the law by increasing the amount of the recovery to $75 with disbursements, and as so modified, affirmed, with $25 costs to landlord. Steinbrink, Fennelly and Bubenstein, JJ., concur.

Ordered accordingly.

Weissfeld v. Summers, 196 Misc. 450, 94 N.Y.S.2d 255, 1949 N.Y. Misc. LEXIS 3074 (N.Y. Ct. App. 1949).

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Opinion

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