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Nelson v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1947
272 App. Div. 911 (N.Y. App. Div. 1947)

Opinion

June 2, 1947.


Judgment dismissing the complaint and decreeing possession of leased premises to defendant upon her counterclaim reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. In an action by a tenant to recover damages for alleged eviction and for injunctive relief, the proof established that the housing accommodation is an apartment and not rooms in a rooming house, as defined in the Rent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13914); nor is it "Resort housing" as defined therein. The apartment is subject to the Rent Regulation for Housing in New York City Defense-Rental Area and the tenant may not be removed or evicted therefrom unless a certificate, as provided in paragraph (1) of subdivision (b) of section 6 (10 Federal Register 11668) of that Regulation shall have been issued by the Administrator, as therein defined. Hagarty, Acting P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

Nelson v. Edelstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1947
272 App. Div. 911 (N.Y. App. Div. 1947)
Case details for

Nelson v. Edelstein

Case Details

Full title:LOUIS NELSON, Appellant, v. ANNA EDELSTEIN, Respondent

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

Date published: Jun 2, 1947

Citations

272 App. Div. 911 (N.Y. App. Div. 1947)