Whitmarsh v. Farnell
New York Court of Appeals
I. The provisions of the city rent law (Administrative Code, § XJ41-7.0) are not applicable to the instant case where a final order was granted and a warrant issued prior to September 17, 1947, the effective date of the law. (Matter of v. McLaughlin, 297 N. Y. 419; People ex rel. Ragland Realty Go. v. Fagan, 194 App. Div. 185, 230 N. Y. 653; Matter of Mounting & Finishing Go. v. McGoldrick, 294 N. Y. 104; Red Hook Cold Storage Co. v. Department of Labor, 295 N. Y. 1.) II.
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I. The provisions of the city rent law (Administrative Code, § XJ41-7.0) are not applicable to the instant case where a final order was granted and a warrant issued prior to September 17, 1947, the effective date of the law. (Matter of v. McLaughlin, 297 N. Y. 419; People ex rel. Ragland Realty Go. v. Fagan, 194 App. Div. 185, 230 N. Y. 653; Matter of Mounting & Finishing Go. v. McGoldrick, 294 N. Y. 104; Red Hook Cold Storage Co. v. Department of Labor, 295 N. Y. 1.) II. By virtue of the provisions of section 1446 of the Civil Practice Act, the Appellate Division, in affirming the orders of…
1Opinion of the CourtLewis, J.
By this summary proceeding the plaintiff, as a landlord, seeks to evict the defendant, as a tenant, from a fifth-floor apartment in a building in New York City known as 103 East 75th Street in the borough of Manhattan.
The tenant has occupied the apartment involved since 1938, under a succession of leases the last of which expired September 30,1946. Prior to the date last mentioned the managing agents of the building by a process of reorganization had “ re-cooperated ” the building, during which process the defendant had declined an opportunity afforded him to purchase the apartment he…
2Cases cited8 opinions
- Stern v. . Equitable Trust Co.New York Court of Appeals · 1924
- Matter of Tartaglia v. McLaughlinNew York Court of Appeals · 1948
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Whitmarsh v. FarnellAppellate Division of the Supreme Court of the State of New York · 1948
- Grattan v. P. J. Tierney Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
3 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Matter of Park East Land Corp. v. FinkelsteinNew York Court of Appeals · 1949
- Bucknell Leasing Corp. v. Darwin (In Re Darwin)United States Bankruptcy Court, E.D. New York · 1982
- Park Summit Realty Corp. v. FrankAppellate Terms of the Supreme Court of New York · 1980
- 300 West Realty Co. v. WoodCivil Court of the City of New York · 1971
- Albany v. WhiteCivil Court of the City of New York · 1965
63 more not listed; retrieve them via the Exa API.