Legal Opinion

Perry Gault Management Co. v. Perhaes

Civil Court of the City of New York

Decided July 6, 1972PublishedCited by 1 opinion

1Opinion of the CourtRichard S. Lane, J.

In this summary nonpayment proceeding the only really mooted issue is whether landlord may collect $180 as expenses and reasonable attorney’s fees incured in prior dispossess proceedings.

Landlord relies on the terms of the lease entitling it to charge for same as additional rent and on Barrow Realty Corp. v. Village Brewery Rest. (272 App. Div. 262). Tenant argues that the New York City Residential Rent Control Law and the maximum rent established thereunder would be violated, and cites Betty Jane Frocks v. Adlie Realty Corp. (9 Misc 2d 504, affd. 3 AD 2d 704, affd. 4 N Y 2d 750).

No doubt the…

2Cases cited7 opinions

  1. Stakser v. RodriquezAppellate Terms of the Supreme Court of New York · 1960
  2. Midboro Management, Landlord v. EppersonCivil Court of the City of New York · 1963
  3. Searing v. CohenAppellate Terms of the Supreme Court of New York · 1948
  4. Seventy-Second Street Properties, Inc. v. WoodsCivil Court of the City of New York · 1971
  5. Betty Jane Frocks, Inc. v. Adlie Realty Corp.Appellate Terms of the Supreme Court of New York · 1956

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3Cited by1 opinion

  1. Century Operating Corp. v. MarreroNew York Supreme Court · 1979

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