Appellate Terms of the Supreme Court of New York, 1949

Weissfeld v. Summers

Appellate Terms of the Supreme Court of New York · Decided October 6, 1949

196 Misc. 450; 94 N.Y.S.2d 255; 1949 N.Y. Misc. LEXIS 3074

Counsel

Seymour C. Simon for appellant., Harry Summers, respondent in person.

Opinion of the Court

Per Curiam.

The court below was without power to reduce the tenant’s rent based upon an alleged decrease in the minimnm *451services. The remedy, if any, is by appropriate application to the Housing Expediter under paragraph (3) of subdivision (b) and paragraph (3) of subdivision (c) of section 5 of the Federal Controlled Housing Rent Regulation (Penner v. Geller, 193 Misc. 821; G. M. G. Realty Co. v. Spring, 191 Misc. 945).

The final order should be unanimously modified upon the law by increasing the amount of the recovery to $75 with disbursements, and as so modified, affirmed, with $25 costs to landlord. Steinbrink, Fennelly and Bubenstein, JJ., concur.

Ordered accordingly.

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