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Matter of Rest Right Slipper Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1949
276 App. Div. 837 (N.Y. App. Div. 1949)

Opinion

December 20, 1949.

Appeal from Supreme Court, New York County.


The tenant's petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent "exceeding the amount of the emergency rent". The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally initiated under section 4 is by the terms of the section itself a proceeding for the fixation of rent in excess of the emergency rent, the purpose and the requirements of the section indicate that only a landlord has the right to initiate such a proceeding.

The order appealed from should be reversed, with $20 costs and disbursements, and the tenant's petition dismissed, with costs.

Glennon, J.P., Dore, Cohn, Van Voorhis and Shientag, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the appellants, and tenant's petition dismissed. Settle order on notice.


Summaries of

Matter of Rest Right Slipper Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1949
276 App. Div. 837 (N.Y. App. Div. 1949)
Case details for

Matter of Rest Right Slipper Co., Inc.

Case Details

Full title:In the Matter of REST RIGHT SLIPPER CO., INC., Respondent. REBECCA BAROCAS…

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

Date published: Dec 20, 1949

Citations

276 App. Div. 837 (N.Y. App. Div. 1949)

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