COULSTON v. SINGER


86 Misc.2d 1001 (1976)

Gerald F. Coulston, as Attorney for Seven Park Associates, Appellant, v. Beatrice Singer, Respondent.

Supreme Court, Appellate Term, First Department.

April 30, 1976


Attorney(s) appearing for the Case

Gerald F. Coulston and Brauna E. Fortgang for appellant. M. Bruce Solomon for respondent.

Concur: DUDLEY, J. P., TIERNEY and RICCOBONO, JJ.


Per Curiam.

The court below in a well-reasoned opinion properly concluded that the tenant respondent was entitled to a credit of the total amount of past overpayments of rent, notwithstanding that only a portion of the excess rental payments had been made to petitioner, the current landlord, with the greater amount having been received by his predecessor in interest.

Subdivision (2) of section 38, of the...

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