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Garcia v. Deibert

Supreme Court, Appellate Term, First Department
May 28, 1959
19 Misc. 2d 563 (N.Y. App. Term 1959)

Opinion

May 28, 1959

Appeal from the City Court of the City of New York, New York County, MANGAN, J.

Bennett I. Schlessel for appellant.

Lloyd I. Isler for respondents.


The courts have consistently held that statutes changing a Statute of Limitations [State Residential Rent Law, § 11, subd. 5; L. 1946, ch. 274, as amd. by L. 1957, ch. 755] will not be given retroactive effect unless such legislative intent is clearly shown ( People v. Cohen, 245 N.Y. 419; cf. Robinson v. Robins Dry Dock Repair Co., 238 N.Y. 271).

The judgment and order so far as appealed from should be modified to the extent of limiting the recovery to the period commencing July 1, 1957, and as modified affirmed, with costs to respondents.

Concur — HOFSTADTER, J.P., HECHT and AURELIO, JJ.

Judgment modified, etc.


Summaries of

Garcia v. Deibert

Supreme Court, Appellate Term, First Department
May 28, 1959
19 Misc. 2d 563 (N.Y. App. Term 1959)
Case details for

Garcia v. Deibert

Case Details

Full title:DAVID GARCIA et al., Respondents, v. GEORGE DEIBERT, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: May 28, 1959

Citations

19 Misc. 2d 563 (N.Y. App. Term 1959)
195 N.Y.S.2d 391

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