From Casetext: Smarter Legal Research

Nels Realty Corp. v. Christensen

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1952
279 App. Div. 870 (N.Y. App. Div. 1952)

Opinion

February 11, 1952.


On February 3, 1948, the parties entered into an agreement to submit to arbitration the fixation of the fair and reasonable rent of certain real property, under the Commercial Rent Law. (L. 1945, ch. 3, as amd.) On the same day they entered into a ten-year lease of the premises at rents found by the arbitrator to be fair and reasonable. The tenant entered into possession of the real property and paid rent for about three years. In February, 1951, it began an action in the Supreme Court, Queens County (Action No. 1), under such law, to recover alleged overpayment of rent. Subsequently the landlord began a summary proceeding (Action No. 2) in the Municipal Court of the City of New York to obtain possession of the premises for nonpayment of rent, and for arrears in rent. The summary proceeding has been consolidated with the Supreme Court action. An order was made at Special Term denying the landlord's motion for summary judgment. The landlord did not appeal from that order but moved to renew the motion for summary judgment. The motion was granted, and upon such renewal the motion for summary judgment was granted. The tenant's motion to reargue such motion was granted, but on reargument the decision granting the motion for summary judgment was adhered to. The tenant appeals from the order and from the judgment entered thereon. Order and judgment reversed on the law and the facts, with $10 costs and disbursements, and motion for summary judgment denied, with $10 costs. The arbitration agreement provided that the arbitration award should be either filed in the office of the clerk of the Supreme Court, Queens County, or delivered to the landlord and tenant at addresses set forth in the agreement. The award was never filed, but the landlord claims that a copy of the award was delivered to the tenant. The tenant denies that such a copy has ever been delivered. This raises an issue of fact which should await trial. In our opinion, if the award of the arbitrator had been delivered, as contended by the landlord, it would be conclusive on the issue as to the excessiveness of the rent. (See, also Estro Chemical Co. v. Falk, 303 N.Y. 83, 87.) Nolan, P.J., Carswell, Johnston, Wenzel and Schmidt, JJ., concur. [See post, p. 931.]


Summaries of

Nels Realty Corp. v. Christensen

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1952
279 App. Div. 870 (N.Y. App. Div. 1952)
Case details for

Nels Realty Corp. v. Christensen

Case Details

Full title:NELS REALTY CORP., Appellant, v. FLORENCE M. CHRISTENSEN, Respondent…

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

Date published: Feb 11, 1952

Citations

279 App. Div. 870 (N.Y. App. Div. 1952)