Appellate Terms of the Supreme Court of New York, 1949

Urist v. Rubin

Appellate Terms of the Supreme Court of New York · Decided March 10, 1949

195 Misc. 50; 88 N.Y.S.2d 828; 1949 N.Y. Misc. LEXIS 2191

Counsel

Abraham J. Yasgour for appellant., Joseph J. Kozinn for respondents.

Opinion of the Court

Per Curiam.

The court below was without power to grant the amendment sought. Such amendment involves a substantial change, and is in substance, a new decision (Heinitz v. Darmstadt, 140 App. Div. 252; Shames v. Barrett, 166 N. Y. S. 756; Trustees of Masonic Ball Asylum Fund v. Fontana, 99 Misc. 497). The final order in each case, so far as «appealed from by landlord, should be affirmed, with $30 costs to respondents, as of one appeal.

Orders amending final order in each case, so far as appealed from by tenants, should be reversed and motion to amend final order in each case denied.

Hammer, Pecora and Eder, JJ., concur.

Ordered accordingly.

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