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Matter of Nine Ten Flatbush Avenue Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1946
270 App. Div. 1050 (N.Y. App. Div. 1946)

Opinion

June 28, 1946.


In a proceeding for fixation of "reasonable rent" in accordance with the Business Rent Law governing business space (L. 1945, ch. 314, § 4), order confirming report of an official referee and adjudging that the amount of rent to be paid by the tenant is the amount set forth in its lease with the landlord, unanimously affirmed, with costs. No opinion. Hagarty, Acting P.J., Johnston, Aldrich and Nolan, JJ., concur; Carswell, J., concurs in result on the theory that although the statute was improperly invoked by the landlord, it was entitled in any event to rent reserved in the lease, which is the amount fixed in the order on a different theory. The controlling principle is embodied with more clarity in section 13 of chapter 273 of the Laws of 1946.


Summaries of

Matter of Nine Ten Flatbush Avenue Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1946
270 App. Div. 1050 (N.Y. App. Div. 1946)
Case details for

Matter of Nine Ten Flatbush Avenue Corp.

Case Details

Full title:In the Matter of NINE TEN FLATBUSH AVENUE CORP., Respondent. LORDDS, INC.…

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

Date published: Jun 28, 1946

Citations

270 App. Div. 1050 (N.Y. App. Div. 1946)

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