East 7th Street Realty Corp. v. Damm

Section 205 of the Housing and Rent Act of 1947 (U. S. Code, tit. 50, Appendix, § 1895) created a cause of action unknown at common law. The period of limitation set up therein is regarded as a matter of substance limiting the right as well as the remedy, and the filing of a suit within the prescribed period of one year is a condition precedent to recovery. The cause of action set forth in the counterclaim was extinguished after the running of the statutory period (Osbourne v. United States, 164 F. 2d 767; Citrone v. Palladino, 77 N. Y. S. 2d 489; Hill v. Board of Supervisors of Rensselaer…