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Carey v. 2127 Broadway Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
May 9, 1950
277 App. Div. 752 (N.Y. App. Div. 1950)

Opinion

May 9, 1950.

Appeal from Supreme Court, New York County.


After alleging that defendant refused to pay the rental stated in the sublease because it exceeds the emergency rental provided by the emergency Business Rent Law (L. 1945, ch. 314, as amd.), plaintiffs set forth in their complaint facts which, if established, might estop defendant from asserting that the sublease was not in all respects valid and subsisting. The rights and liabilities of the parties in relation to the amount of the rent under the sublease are necessarily affected by the controversy as to the alleged estoppel. The jural relations of the parties may be declared in the judgment sought in this action. We think that the action for declaratory judgment in the circumstances is proper.

The order should accordingly be reversed, with $20 costs and disbursements to the appellants, and the motion to dismiss the complaint for legal insufficiency should be denied, with leave to the defendant to answer within ten days after service of a copy of the order herein, with notice of entry thereof and on payment of said costs.

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

Order unanimously reversed, with $20 costs and disbursements to the appellants, the motion to dismiss the complaint for legal insufficiency denied, with leave to the defendant to answer within ten days after service of a copy of the order, with notice of entry thereof, on payment of said costs. Settle order on notice.


Summaries of

Carey v. 2127 Broadway Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
May 9, 1950
277 App. Div. 752 (N.Y. App. Div. 1950)
Case details for

Carey v. 2127 Broadway Realty Corp.

Case Details

Full title:JOHN J. CAREY et al., Doing Business under the Name of CAREY SULLIVAN…

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

Date published: May 9, 1950

Citations

277 App. Div. 752 (N.Y. App. Div. 1950)