Mushekian v. Reilly

Panken, J.:

This action was tried before this court and a jury. The jury returned a verdict in favor of the plaintiff for an amount equal to that paid by the defendant for the month preceding the month for which the action herein was brought.

The plaintiff claimed that he was entitled to an increase in the rent over and above the rental theretofore paid by the defendant to enable him to obtain a fair return on the value of the property.

The rental paid by the defendant herein and which was found to be a fair rental by the' jury was fixed and determined to be fair in a prior action involving the…