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Matter of Payson v. Caputa

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 1960
11 A.D.2d 1008 (N.Y. App. Div. 1960)

Summary

In Matter of Payson v. Caputa (11 A.D.2d 1008), the Appellate Division, First Department, affirmed a determination by the Administrator reducing the rental of an apartment based on a finding that the apartment had not contained furniture when rented to the tenant.

Summary of this case from Matter of Wiener v. Gabel

Opinion

October 18, 1960


Order, entered January 19, 1960, dismissing landlord's petition in an article 78 proceeding, unanimously affirmed, with $20 costs and disbursements to the respondents. The court has carefully examined the minutes in the two hearings before the State Rent Administrator and finds that the hearing examiner in neither instance was guilty of any unfairness or inadequacy in the conduct of the proceeding. Indeed, any difficulties during the proceedings were caused by undue bickering between the lawyers for the landlord and the tenant. In consequence, the hearing examiner, particularly in the second and later proceedings, conducted not only a very fair hearing, but, considering the circumstances, exhibited a great deal of patience.

Concur — Breitel, J.P., Valente, McNally, Stevens and Bastow, JJ.


Summaries of

Matter of Payson v. Caputa

Appellate Division of the Supreme Court of New York, First Department
Oct 18, 1960
11 A.D.2d 1008 (N.Y. App. Div. 1960)

In Matter of Payson v. Caputa (11 A.D.2d 1008), the Appellate Division, First Department, affirmed a determination by the Administrator reducing the rental of an apartment based on a finding that the apartment had not contained furniture when rented to the tenant.

Summary of this case from Matter of Wiener v. Gabel
Case details for

Matter of Payson v. Caputa

Case Details

Full title:In the Matter of HENRY PAYSON, Appellant, v. JOSEPH J. CAPUTA, as State…

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

Date published: Oct 18, 1960

Citations

11 A.D.2d 1008 (N.Y. App. Div. 1960)

Citing Cases

Matter of Wiener v. Gabel

The apartment here was not furnished even when the prior tenant moved into it. In Matter of Payson v. Caputa…