GRIFFITH v. WILLIAMS


21 Misc.2d 260 (1959)

Emily Griffith, Respondent, v. Palmer Williams et al., Appellants.

Supreme Court, Appellate Term, Second Department.

November 16, 1959.


Attorney(s) appearing for the Case

Veit E. Kaufmann for appellants.

Angelo C. Ninivaggio for respondent.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.


Per Curiam.

Plaintiff's affidavit fails to present facts indicating the existence of any triable issue. In the absence of an applicable maximum rent for the period here involved or a refund order by the Temporary State Housing Rent Commission, there is no basis upon which to compute any asserted overcharge. Failure to file a timely registration statement does not per se render the defendants liable for an overcharge or establish the fact there was an overcharge...

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