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Jacobs v. Stoll

Supreme Court, Appellate Term, First Department
Dec 5, 1946
188 Misc. 117 (N.Y. App. Term 1946)

Opinion

December 5, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GOODMAN, J.

J. Leon Israel for appellant.

Saul Gordon for respondent.


We hold that the emergency rent control statute, and more pertinently the parts attacked by tenant-respondent, to be constitutional and that such attacked parts do not violate the Fourteenth Amendment of the Constitution of the United States or sections 6 and 11, or either section, of article I of the Constitution of the State of New York ( Twentieth Century Associates v. Waldman, 294 N.Y. 571; see, also, Gilpin v. Mutual Life Ins. Co. of N.Y., 64 N.Y.S.2d 436, and cases cited therein).

Revd. on other grounds 271 A.D. 499. — [REP.

As the evidence overwhelmingly preponderated in favor of the landlord-appellant, the decision below in favor of the tenant-respondent was unwarranted. The tenant-respondent neither had the two-year written lease asserted, nor was he a holdover tenant for one year. He was a tenant remaining in possession under the emergency statute.

The final order should be reversed, with $30 costs, and final order directed for landlord, with costs.

HAMMER, SHIENTAG and HECHT, JJ., concur.

Order reversed, etc.


Summaries of

Jacobs v. Stoll

Supreme Court, Appellate Term, First Department
Dec 5, 1946
188 Misc. 117 (N.Y. App. Term 1946)
Case details for

Jacobs v. Stoll

Case Details

Full title:FANNIE JACOBS, Landlord, Appellant, v. MOSES STOLL, Tenant, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 5, 1946

Citations

188 Misc. 117 (N.Y. App. Term 1946)
69 N.Y.S.2d 240

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