Public-domain · open source
OpenJurist

184 Misc. 358

Marks v. Gallagher

New York Supreme Court

Decided February 1, 1945

New York Supreme Court · decided 1945-02-01

Cited by 1 later decisions — most recently May 1945

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1945-02-01

View the full empirical analysis of this case →

Memorandum Per Curiam.

¶1The issue of the landlord’s good faith in seeking to obtain the possession of the tenant’s apartment for nse by himself as a dwelling was properly resolved by the jury in favor of the tenant. Having failed on this issue the landlord was not entitled to a final order in view of the provisions of paragraph (6) of subdivision (a) of section 6 of the standard Rent Regulation for Housing issued by the Office of Price Administration (8 Fed. Reg. 13918). It was, therefore, error for the trial court to set the verdict aside and to direct a verdict in favor of the landlord.

¶2The final order should he reversed, with $30 costs, verdict reinstated and final order directed in favor of the tenant, with costs. The appeal from the judgment should he dismissed.

¶3Hammer, Shientag and Heoht, JJ.s concur.

¶4Order reversed, etc.

/184/misc/358 · .json · Public domain