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Matter of Weber

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1950
277 App. Div. 776 (N.Y. App. Div. 1950)

Opinion

May 1, 1950.


In a proceeding to fix the emergency rent of commercial space an order was made by an Official Referee granting the tenant's motion to vacate a prior hearing and to direct a rehearing de novo. The granting of such relief, however, was coupled with the condition that the tenant pay to the landlord the sum of $1,500 on account of any rent due or which may become due from the tenant. The tenant appeals from so much of the order as imposes such condition. Order, insofar as appealed from, modified by striking from the first ordering paragraph the words "within five (5) days after the service of a copy of the within order with notice of entry thereof on the attorney for the Respondent herein" and inserting in place thereof the following: "on or before the 10th day of May, 1950,"; and by striking from the second ordering paragraph the words "five (5) day" and the date "1st day of March" and inserting in place of such date the following: "15th day of May." As thus modified the order is affirmed, with $10 costs and disbursements to the appellant. No opinion. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 777.]


Summaries of

Matter of Weber

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1950
277 App. Div. 776 (N.Y. App. Div. 1950)
Case details for

Matter of Weber

Case Details

Full title:In the Matter of FRED WEBER, Respondent. GEORGE D. GORMAN, Doing Business…

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

Date published: May 1, 1950

Citations

277 App. Div. 776 (N.Y. App. Div. 1950)