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EAST 7TH ST. REALTY CORP. v. DAMM

Supreme Court, Appellate Term, Second Department
Dec 23, 1949
196 Misc. 920 (N.Y. App. Term 1949)

Summary

explaining that the period of limitation in the federal Housing and Rent Act is "a matter of substance limiting the right as well as the remedy" and that Section 23 of the Civil Practice Act may not extend or modify that period

Summary of this case from Copeland v. the New York City Board of Education

Opinion

December 23, 1949.

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, BREITBART, J.

Charles A. Hirsch for appellant.

Benjamin Weinstein for respondent.


Section 205 of the Housing and Rent Act of 1947 (U.S. Code, tit. 50, Appendix, § 1895) created a cause of action unknown at common law. The period of limitation set up therein is regarded as a matter of substance limiting the right as well as the remedy, and the filing of a suit within the prescribed period of one year is a condition precedent to recovery. The cause of action set forth in the counterclaim was extinguished after the running of the statutory period ( Osbourne v. United States, 164 F.2d 767; Citrone v. Palladino, 77 N.Y.S.2d 489; Hill v. Board of Supervisors of Rensselaer Co., 119 N.Y. 344). Such period of limitation may not be extended or modified by a State statute, i.e., section 23 of the Civil Practice Act ( United States v. Boomer, 183 F. 726; Osbourne v. United States, supra; The Harrisburg, 119 U.S. 199).

The judgment and final order should be unanimously modified upon the law by striking out the award to the tenant upon her counterclaim and dismissing the counterclaim on the merits, with appropriate costs in the court below, and, as so modified, affirmed with $25 costs to the landlord.

STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.

Judgment and final order accordingly.


Summaries of

EAST 7TH ST. REALTY CORP. v. DAMM

Supreme Court, Appellate Term, Second Department
Dec 23, 1949
196 Misc. 920 (N.Y. App. Term 1949)

explaining that the period of limitation in the federal Housing and Rent Act is "a matter of substance limiting the right as well as the remedy" and that Section 23 of the Civil Practice Act may not extend or modify that period

Summary of this case from Copeland v. the New York City Board of Education
Case details for

EAST 7TH ST. REALTY CORP. v. DAMM

Case Details

Full title:EAST 7TH STREET REALTY CORP., Appellant, v. GERTRUDE DAMM, Respondent

Court:Supreme Court, Appellate Term, Second Department

Date published: Dec 23, 1949

Citations

196 Misc. 920 (N.Y. App. Term 1949)
96 N.Y.S.2d 118

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