Legal Opinion · Dissent

Garcia v. Deibert

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 1960Published

1DissentStevens, J.

The appellant, landlord of premises 4 West 90th Street, New York City, appeals from an order which granted summary judgment to the plaintiffs, tenants of apartment 1C, in their first cause of action for rental over*353charges. The appellant asserts that summary judgment should not have been granted because there is no proof that the subject accommodations are the same for which a registration of maximum rent was filed in 1943.

Plaintiff Lichtner asserted that he occupies apartment 1C in the premises and attached to his moving affidavit a registration certificate certified as of November 26, 1958,…

2Cases cited10 opinions

  1. Weiderman v. RecklinghausenAppellate Division of the Supreme Court of the State of New York · 1951
  2. Weiderman v. RecklinghausenNew York Court of Appeals · 1951
  3. Penner v. GellerAppellate Terms of the Supreme Court of New York · 1948
  4. Powell v. Park Lex. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  5. Baum v. CrosfieldAppellate Division of the Supreme Court of the State of New York · 1952

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