MATTER OF EISENBERG


3 A.D.2d 699 (1957)

In the Matter of Joseph Eisenberg, Respondent. William H. Ross, Appellant

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

February 11, 1957


Inasmuch as the petition alleged that respondent occupied 630.22 square feet of space and asked that the court fix the emergency rent on that space, there was no basis for the court's fixing rent on an area of 669 square feet. Although, at the trial, there was some testimony by an expert that the tenant's space, with partitions removed, would be 669 square feet, there was no amendment or even a request to amend the petition in this respect. No reason is shown why the general...

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