HELLER CANDY CO. v. 385 GERARD AVE. REALTY CORP.


283 A.D. 27 (1953)

Heller Candy Company, Inc., Respondent, v. 385 Gerard Avenue Realty Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 1953.


Attorney(s) appearing for the Case

Leon M. Labes for appellant.

Martin L. Conrad of counsel (Harry Schneider and Irving J. Galpeer with him on the brief; Jaffin, Schneider, Kimmel & Galpeer, attorneys), for respondent.

PECK, P. J., DORE, CALLAHAN, BREITEL and BASTOW, JJ., concur.


Per Curiam.

The defendant landlord appeals from a judgment in favor of the plaintiff tenant rendered after a trial without a jury. The recovery was for rent paid during the period from May 1, 1947 to April 30, 1950, and claimed to have been in excess of the fixed emergency rate.

The inference may be drawn from the stipulated facts that no hearing was held by the arbitrator. The arbitration agreement contained...

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