Legal Opinion
Moncel Realty Corp. v. Whitestone Farms, Inc.
Appellate Terms of the Supreme Court of New York
Decided January 16, 1947PublishedCited by 13 opinions
1Opinion of the CourtEdee, J.
The action was to recover two months’ rent of premises to be used as a milk depot. One of the defenses interposed was that the rent demanded was unjust, unreasonable and oppressive and in excess of the rent permitted by law.
The lease states that the parties agree that the rent charged “ is the reasonable rental value of the premises ”.
Such a statement and agreement between the landlord and tenant is not effective or operative and does not come within the provisions or terms of section 4 of .chapter 3 of the Laws of 1945, as amended by chapter 315 of the Laws of 1945, as amended by chapter 272…
2Cases cited4 opinions
- Beasley v. Texas & Pacific Railway Co.Supreme Court of the United States · 1903
- Roof Health Club, Inc. v. Jamlee Hotel Corp.New York Court of Appeals · 1947
- Flo-Ru-Na Inc. v. ZimmermanAppellate Terms of the Supreme Court of New York · 1945
- Maloney v. Northwestern Masonic Aid Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Boeing Co. v. United StatesUnited States Court of Federal Claims · 2007
- American Machine & Foundry Co. v. Santini Bros.New York Supreme Court · 1967
- Sanbonmatsu v. BoyerAppellate Division of the Supreme Court of the State of New York · 1974
- Empire Plexiglass Corp. v. Enterprise Industries, Inc.City of New York Municipal Court · 1947
- In re the Estate of DanilchenkoNew York Surrogate's Court · 1970
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