From Casetext: Smarter Legal Research

Connecticut Investors v. Strasser

Supreme Court, Appellate Term, First Department
Nov 20, 1958
14 Misc. 2d 1061 (N.Y. App. Term 1958)

Opinion

November 20, 1958

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ALFRED M. ASCIONE, J.

Arthur H. Beyer for appellants.

Bart T. Manfredi for respondent.


Dismissal of the petition was required upon the uncontradicted proof of acceptance of rent between the time of the notice served pursuant to subdivision 2 of section 52 and subdivision 2 of section 53 of the State Rent and Eviction Regulations and the commencement of the summary proceeding. ( Guy v. Furman, 4 Misc.2d 564.)

The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to renewal upon proper notice.

Concur — HECHT, J.P., STEUER and TILZER, JJ.

Final order reversed, etc.


Summaries of

Connecticut Investors v. Strasser

Supreme Court, Appellate Term, First Department
Nov 20, 1958
14 Misc. 2d 1061 (N.Y. App. Term 1958)
Case details for

Connecticut Investors v. Strasser

Case Details

Full title:CONNECTICUT INVESTORS CORPORATION, Respondent, v. ERWIN STRASSER et al.…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 20, 1958

Citations

14 Misc. 2d 1061 (N.Y. App. Term 1958)
180 N.Y.S.2d 180

Citing Cases

Roxborough Apartment Corporation v. Becker

It is well settled in this Department that a landlord's acceptance of a tenant's rent after the tenancy is…

Community Hous. Innovations, Inc. v. McKee

The retention of the rent checks received from N.C.D.S.S. for the months of October and November without…