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OELKRUG v. GILWALDRON REALTY CO.

45 Misc.2d 160 (1964)

Emily Oelkrug et al., Appellants, v. Gilwaldron Realty Co., Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 16, 1964

Attorney(s) appearing for the Case

Small & Small (Robert L. Small of counsel), for appellants.

Concur — DI GOVANNA, BENJAMIN and MARGETT, JJ.

Per Curiam.

Plaintiffs' first and second causes of action for treble damages for willful overcharges of rent were actions for damages and not for a penalty (Di Bitetto v. Sussman, 279 App. Div. 1033) and should not have been dismissed for failure of the summons to contain an indorsement as required under section 24 of former New York City Municipal Court Code.

The third and fourth causes of action for...

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