Opinion
October 11, 1956
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, OWEN D. WILLIAMS, J.
Ralph E. Freidus for appellant.
No appearance for respondent.
It was error to exclude oral testimony as to the rent paid for the housing accommodations in question on the date when residential rents were "frozen" by law. Evidence of this nature is admissible when the maximum rent is in dispute. (See Matter of Haynes v. Abrams, 1 A.D.2d 583; Kalwar v. McKinnon, 152 F.2d 263; Acevedo v. Syrian Prot. Church, 1 Misc.2d 66; Burton v. Muolo, 149 N.Y.S.2d 594.) The paper captioned "Request for Information to Compute Equalization Adjustment" was properly excluded.
The final order should be unanimously reversed upon the law and a new trial ordered in the summary proceeding and counterclaim with $30 costs to landlord to abide the event.
HART, ARKWRIGHT and BROWN, JJ., concur.
Final order reversed, etc.