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Hardwood Sawdust Co. v. Metro Export Packers

Supreme Court, Appellate Term, Second Department
Jun 27, 1946
187 Misc. 450 (N.Y. App. Term 1946)

Opinion

June 27, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Queens, PETTE, J.

Benjamin J. Jacobson and Nathan Frankel for appellants.

Harold Hyman for respondent.


MEMORANDUM


The premises in question constitute "commercial space" within the meaning of the Commercial Rent Law, chapter 3 of the Laws of 1945, as amended by chapter 272 of the Laws of 1946. Plaintiff, therefore, had the burden of proving that the rent charged was not greater than the emergency rent for such commercial space. ( Flo-Ru-Na Inc. v. Zimmerman, 185 Misc. 759.) Plaintiff failed to sustain that burden.

The judgment should be unanimously reversed upon the law, and new trial granted, with $30 costs to defendants to abide the event.

MacCRATE, SMITH and STEINBRINK, JJ., concur.

Judgment reversed, etc.


Summaries of

Hardwood Sawdust Co. v. Metro Export Packers

Supreme Court, Appellate Term, Second Department
Jun 27, 1946
187 Misc. 450 (N.Y. App. Term 1946)
Case details for

Hardwood Sawdust Co. v. Metro Export Packers

Case Details

Full title:HARDWOOD SAWDUST CO., INC., Respondent, v. METRO EXPORT PACKERS, INC., et…

Court:Supreme Court, Appellate Term, Second Department

Date published: Jun 27, 1946

Citations

187 Misc. 450 (N.Y. App. Term 1946)
66 N.Y.S.2d 386

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