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187 Misc. 293

Thorpe v. Jenkins

Appellate Terms of the Supreme Court of New York · decided 1946-06-13

Cited by 2 later decisions — most recently March 1947

2 state decisions

Relies on Metropolitan Life Insurance v. Schottland

Good law ✅— No negative treatment on recordhow we know

Decided 1946-06-13

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Per Curiam.

¶1Memorandum Upon the expiration of the date fixed in the notice, for the. termination of the-tenancy and upon the issuance by the Office of Price Administration of its certificate of eviction the landlords became entitled to a final order of dispossess under the applicable provisions of. subdivision 1 of section 1410 of the' Civil Practice Act. The defense of lack of good faith on the part of the landlords has no application to a proceeding brought under the provisions of subdivision (b) of section 6 of the Federal Rent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13918). (Metropolitan Life Ins. Co. v. Schottland, 185 Misc. 125, mod. 270 App. Div. 915.)

¶2The final order in favor of tenant should be reversed, with $30 costs, and final order directed in favor of the landlords, with costs.

¶3Hammer, Shientag and Hecht, JJ., concur.

¶4Order reversed, etc.

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