Urist v. Rubin

Full title: HERMAN URIST, Landlord, Appellant, v. GUS RUBIN et al., Individually and…

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 10, 1949

195 Misc. 50 (N.Y. App. Term 1949)

88 N.Y.S.2d 828

Opinion

March 10, 1949.

Appeal from the Municipal Court of the City of New York, Borough of The Bronx, CRAIG, J.

Abraham J. Yasgour for appellant.

Joseph J. Kozinn for respondents.

Per Curiam.

The court below was without power to grant the amendment sought. Such amendment involves a substantial change, and is in substance, a new decision ( Heinitz v. Darmstadt, 140 A.D. 252; Shames v. Barrett, 166 N.Y.S. 756; Trustees of Masonic Hall Asylum Fund v. Fontana, 99 Misc. 497).

The final order in each case, so far as appealed from by landlord, should be affirmed, with $30 costs to respondents, as of one appeal.

Orders amending final order in each case, so far as appealed from by tenants, should be reversed and motion to amend final order in each case denied.

HAMMER, PECORA and EDER, JJ., concur.

Ordered accordingly.