GARRAMONE v. SPEIRS


9 Misc.2d 257 (1957)

Harry Garramone et al., Respondents, v. Robert Speirs, Appellant, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

June 13, 1957.


Attorney(s) appearing for the Case

Carl H. Heiberg for appellant.

J. Harry Pincus for respondents.

PETTE, HART and DI GIOVANNA, JJ., concur.


Per Curiam.

Since the structure here involved was used as a three-family dwelling at the inception of the subject tenancy, it was error to hold, as the decision of the trial court implies, that the space in question was decontrolled by the subsequent removal of another tenant. The maximum rent for the second floor space, as determined by the Temporary State Housing Rent Commission, is controlling herein and measures...

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