Legal Opinion · Dissent
Lebrecht v. Orefice
Appellate Terms of the Supreme Court of New York
Decided May 10, 1951Published
1DissentHammer, J.
(dissenting.) This action was brought under the Commercial Bent Law (L. 1945, ch. 3, as amd.) on June 1, 1950, to recover for overcharges of rent for the period commencing May 8,1947, and ending in December, 1948. The complaint was dismisséd in the court below on the ground that the action was not commenced within one year of April 11, 1949, as prescribed in section 11 of the Control Law.
The plaintiffs admit that the action was commenced after April 11, 1950, but assert that the claim upon which it is based was originally instituted by way of counterclaim on or about January 8, 1950 (when the…
2Cases cited8 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Mossip v. F. H. Clement & Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Mossip v. F. H. Clement & Co.New York Court of Appeals · 1940
- Carr v. Yokohama Specie Bank, Ltd.New York Court of Appeals · 1947
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