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Johnson v. Andrews

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1955
285 App. Div. 983 (N.Y. App. Div. 1955)

Opinion

March 9, 1955.

Appeal from Chemung County Court.

Present — Foster, P.J., Bergan, Coon, Imrie and Zeller, JJ.


Concededly plaintiff paid $60 per month rental during the period in question. The established maximum rent during all of this time was $36 per month for the apartment in question, unfurnished. It is appellant's contention that because some furniture was added to the apartment at the commencement of this tenancy the maximum rental for an unfurnished apartment does not apply because the character of the premises was changed. No new order was obtained during the tenancy fixing any maximum for a furnished or partly furnished apartment. Under these circumstances the lower court properly granted judgment for the actual overcharge, plus attorney's fees. ( Baum v. Crosfield, 279 App. Div. 1088; Laviest v. Roberts, 127 N.Y.S.2d 1; Strunk v. Hayes, 281 App. Div. 1006.) The case of Weiderman v. Recklinghausen ( 278 App. Div. 289, affd. 303 N.Y. 633), relied upon by appellant, is readily distinguishable on the facts. (See Strunk v. Hayes, supra.) Judgment unanimously affirmed, with costs.


Summaries of

Johnson v. Andrews

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1955
285 App. Div. 983 (N.Y. App. Div. 1955)
Case details for

Johnson v. Andrews

Case Details

Full title:ERNEST JOHNSON, Respondent, v. VITA ANDREWS, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 9, 1955

Citations

285 App. Div. 983 (N.Y. App. Div. 1955)