Appellate Terms of the Supreme Court of New York, 1946

Filmat Realty Corp. v. Carleo

Appellate Terms of the Supreme Court of New York · Decided April 18, 1946

186 Misc. 717; 65 N.Y.S.2d 805; 1946 N.Y. Misc. LEXIS 2933

Counsel

Nathan A. Goldenthal for appellant., Joseph J. Crisa for respondent., John B. O’Brien and Harold F. Oarrahan for Paul Porter, Administrator, Office of Price Administration, amicus curice.

Opinion of the Court

Memorandum Per Curiam.

The relationship here was that of landlord and tenant with an allowance for services. There was no employment for wages. There was no denial of the appellant’s testimony that he entered the premises as a tenant and many years subsequently was allowed a deduction from his rent for services. No termination of the original tenancy was established. Rent, as such, continued to be paid. Services were valued in terms of rent.

The final order should be unanimously reversed on the law, with $30 costs to appellant, and petition dismissed.

MacCrate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.