A. & S. Construction Co. v. Brock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. & S. Construction Co., Inc., from an order of the Appellate Term of the Supreme Court, made on the 19th day of January, 1922, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Sixth District, dismissing the complaint in an action to recover for the use and occupation of premises No. 2126 Nostrand avenue, Brooklyn, N. Y. The tenancy began before the September Rent Laws of 1920 went into effect.
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Appeal by the plaintiff, A. & S. Construction Co., Inc., from an order of the Appellate Term of the Supreme Court, made on the 19th day of January, 1922, affirming a judgment of the Municipal Court of the City of New York, Borough of Brooklyn, Sixth District, dismissing the complaint in an action to recover for the use and occupation of premises No. 2126 Nostrand avenue, Brooklyn, N. Y. The tenancy began before the September Rent Laws of 1920 went into effect. The rent was forty-one dollars and twenty-five cents per month. About two weeks before May first the landlord notified the tenant that…
1Opinion of the Court
Blackmar, P. J.:
The single question on this appeal is whether a landlord can increase the rent of a tenant whose tenure is protected by the Rent Laws of September 27, 1920, without giving thirty days’ notice that the tenant must surrender or pay the increased rent.
For the purpose of giving security to monthly tenants in the city of New York, chapter 303 of the Laws of 1882 was passed. It reads as follows:
“ No monthly tenant shall hereafter be removed from any lands or tenements in the city of New York on the grounds of holding over his term (except when the same expires on the first day of…
2Cited by7 opinions
- Stribula v. WienAppellate Terms of the Supreme Court of New York · 1980
- Acierno v. KutchukCity of New York Municipal Court · 1949
- Graf v. MillerCity of New York Municipal Court · 1952
- Lantz v. MetaxasCivil Court of the City of New York · 1965
- Giampaolo v. AnatraCity of New York Municipal Court · 1948
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