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Logan v. Posternick

Supreme Court, Appellate Term, Second Department
Apr 18, 1946
186 Misc. 896 (N.Y. App. Term 1946)

Opinion

April 18, 1946.

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

Anthony H. Klein and Pasquale F. Laurino for appellants.

Sydney A. Neuman for respondent.


MEMORANDUM


The issuance by the Office of Price Administration of a certificate authorizing the landlords to proceed under local law was not disputed. By subdivision (b) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Federal Register 13918, as amd.) of the Office of Price Administration, the issuance of the certificate made inapplicable the general provisions of section 6 as to grounds for removal and permitted the landlords to proceed in accordance with section 1410 of the Civil Practice Act. Compliance with that section having been established, it was error to deny the landlords' motion for the direction of a verdict.

The final order should be unanimously reversed upon the law, with $10 costs to the landlords, and final order directed in favor of the landlords.

MAcCRATE, McCOOEY and STEINBRINK, JJ., concur.

Order reversed, etc.


Summaries of

Logan v. Posternick

Supreme Court, Appellate Term, Second Department
Apr 18, 1946
186 Misc. 896 (N.Y. App. Term 1946)
Case details for

Logan v. Posternick

Case Details

Full title:JOSEPH W. LOGAN et al., Landlords, Appellants, v. LOUIS POSTERNICK…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 18, 1946

Citations

186 Misc. 896 (N.Y. App. Term 1946)
65 N.Y.S.2d 348

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