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195 Misc. 50

Urist v. Rubin

Appellate Terms of the Supreme Court of New York · decided 1949-03-10

Relies on Trustees of Masonic Hall & Asylum Fund v. Fontana

Decided 1949-03-10

Per Curiam.

¶1The court below was without power to grant the amendment sought. Such amendment involves a substantial change, and is in substance, a new decision (Heinitz v. Darmstadt, 140 App. Div. 252; Shames v. Barrett, 166 N. Y. S. 756; Trustees of Masonic Ball Asylum Fund v. Fontana, 99 Misc. 497). The final order in each case, so far as «appealed from by landlord, should be affirmed, with $30 costs to respondents, as of one appeal.

¶2Orders amending final order in each case, so far as appealed from by tenants, should be reversed and motion to amend final order in each case denied.

¶3Hammer, Pecora and Eder, JJ., concur.

¶4Ordered accordingly.

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