Wachtel v. Schelberg

Byrnes, Ch. J.

Plaintiffs, tenants of the defendant, move for summary judgment under rule 113 of the Rules of Civil Practice.

Over a period of nine months these plaintiffs had paid rent to the defendant in amounts which turned out to be in excess of the maximum legal rent allowed by the Office of Price Administration. I say this turned out to be so because the proper rent was determined retroactively by that office after the expiration of the said nine months and when it was thus determined the office issued an order to the defendant directing a refund to plaintiffs of all sums collected by…