Legal Opinion
Heller Candy Co. v. 385 Gerard Avenue Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1953PublishedCited by 2 opinions
1Per curiam
The defendant landlord appeals from a judgment in favor of the plaintiff tenant rendered after a trial without a jury. The recovery was for rent paid during the period from May 1, 1947 to April 30, 1950, and claimed to have been in excess of the fixed emergency rate.
The inference may be drawn from the stipulated facts that no hearing was held by the arbitrator. The arbitration agreement contained a provision that a hearing was not required but the Business Rent Law then, as now, prohibited such a waiver. (Business Rent Law, § 15, as amd. by L. 1947, ch. 823, § 1.)
The decision of the trial…
2Cases cited4 opinions
- Estro Chemical Co. v. FalkNew York Court of Appeals · 1951
- Raven Electric Co. v. LinzerNew York Court of Appeals · 1951
- Feinberg v. Barry Equity Corp.New York Court of Appeals · 1951
- Continental Ribbon Cutters, Inc. v. Long Properties, Inc.New York Court of Appeals · 1952
3Cited by2 opinions
- Zito v. American Federation of Musicians of the United States & CanadaAppellate Division of the Supreme Court of the State of New York · 1978
- Jabe Estates Inc. v. Real Curtains Inc.City of New York Municipal Court · 1955