Appellate Division of the Supreme Court of New York, 1950

Carey v. Vala Realty Corp.

Carey v. Vala Realty Corp.
Appellate Division of the Supreme Court of New York · Decided October 24, 1950
277 A.D.2d 979
Carey v. Vala Realty Corp.

Opinion of the Court

Summary judgment for assessment of damages should not have been granted in this case. The emergency rent for the particular space here in question and the reasonable rent therefor, if in excess of the emergency rent, must be determined by the court at Special Term in the manner prescribed by law. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Present — Peck, P. J.,. Glennon, Dore, Van Voorhis and Shientag, JJ. [See post, p. 1028.]

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