GARCIA v. DEIBERT


10 A.D.2d 349 (1960)

David Garcia et al., Respondents, v. George Deibert, Appellant

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

April 26, 1960.


Attorney(s) appearing for the Case

Bennett I. Schlessel for appellant.

Lloyd I. Isler of counsel (Loughran, Walsh, Condello & Isler, attorneys) for respondents.

RABIN, J. P., and McNALLY, J., concur with VALENTE, J.; STEVENS, J., dissents and votes to affirm in opinion in which M. M. FRANK, J., concurs.


VALENTE, J.

In the first cause of action, of a complaint containing three alleged causes, plaintiffs sought to recover payments claimed to have been made in excess of the legal maximum rent for an apartment (1C) occupied by them on the third floor of premises 4 West 90th Street, New York City. It appears that during the period from June, 1957 through August, 1958, plaintiffs paid a monthly rental of $125 whereas...

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