Appellate Terms of the Supreme Court of New York, 1973

City of New York v. Robbins Men & Boys Wear Corp.

Appellate Terms of the Supreme Court of New York · Decided June 27, 1973

75 Misc. 2d 104; 347 N.Y.S.2d 249; 1973 N.Y. Misc. LEXIS 1783

Counsel

Norman Redlich, Corporation Counsel (Morris Einhorn and Stanley Buchsbaum of counsel), for appellant-respondent. J. Stanley Shaw for respondent-appellant.

Opinion of the Court

Per Curiam.

Subdivision b of section B15-37.0 of the Administrative Code of the City of New York, with respect to the payment of rent after the vesting of title, applies to “ All persons in possession ” and therefore clearly encompasses one in the position of a subtenant. We also find that the provision made for the determination of rent was a proper exercise of authority by the city (Municipal Home Rule Law, § 10, subd. 1, par. a, cl. [6]; General City Law, § 20, subd. 2).

Final judgment in favor of tenant respondent unanimously reversed, with $30 costs to petitioner landlord, and final judgment directed to be entered in favor of petitioner for the amount sought in the petition.

Concur — Schwartzwald, P. J., Rinaldi and Cone, JJ.

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