BELTRAN v. KUHL


5 Misc.2d 541 (1956)

Max Beltran, Respondent, v. Margarete Kuhl et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 25, 1956.


Attorney(s) appearing for the Case

Albert A. Raphael, Jr., for appellants.

Albert A. Klein for respondent.

EDER, HECHT and TILZER, JJ., concur.


Per Curiam.

In this action for treble damages the proof shows conclusively that the landlord was not guilty of a willful violation and did not, after the making of the definitive order of the Rent Commission, collect any rent in excess of the maximum rental fixed thereby. The amount of overpayments previously collected is not disputed, nor the fact that landlord proffered payment thereof prior to the commencement of this action. However, landlord failed to...

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