DE JESUS v. GREENLAND HOLDING CORP.


21 Misc.2d 783 (1953)

De Jesus, Respondent, v. Greenland Holding Corp., Appellant.

Supreme Court, Appellate Term, First Department.

May 28, 1953.


Attorney(s) appearing for the Case

Benjamin Cooper for appellant.

Siegel & Gray (Irwin Gray of counsel), for respondent.

HAMMER and EDER, JJ., concur; HOFSTADTER, J., dissents.


Per Curiam.

The evidence establishes that the premises which have been occupied by the plaintiff during the period complained of and for which it is claimed defendant charged plaintiff a rent in excess of the fixed maximum rent are not the same and identical premises covered by the maximum rent. The uncontradicted evidence is that substantial alterations were made which improved the apartment with a kitchenette and...

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