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23 Misc. 2d 912

McCarthy v. Armstrong

Appellate Terms of the Supreme Court of New York · decided 1960-04-21

Relies on Hopkins v. . Lincoln Trust Co.

Decided 1960-04-21

Per Curiam.

¶1The plaintiff was entitled to recovery of all overcharges from July 1, 1956 to June 30, 1957, since the 1957 amendment is applicable to rights which accrued prior to its enactment but which had not expired when it became effective. *913In accordance with the legislative intent, the period of limitation must be construed to have been extended to two years from the date of the occurrence of the violation (see Denkensohn v. Ridgeway Apts., 13 Misc 2d 389; Hopkins v. Lincoln Trust Co., 233 N. Y. 213).

¶2The judgment and order should be modified to the extent of granting recovery to plaintiff of all overcharges from July 1, 1956 to June 30, 1957, and as modified affirmed, with $10 costs to appellant.

¶3Concur — Stetter, J. P., Hofstadteb and Hecht, JJ.

¶4Judgment and order modified, etc.

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