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28 Misc. 2d 701

Hallahan v. Dutton

Appellate Terms of the Supreme Court of New York · decided 1960-06-30

Relies on Teeval Co. v. Stern

Decided 1960-06-30

Per Curiam.

¶1It is true that on May 1, 1950 the premises were decontrolled pursuant to order of the Federal Rent Expediter. But such an order did not prevent the Legislature from putting the premises under control when State control superseded *702control by the Federal Government (Teeval Co. v. Stern, 301 N. Y. 346). And the Legislature so acted (Emergency Housing Rent Control Law, § 2, subd. 2, par. [b] ; L. 1946, ch. 274, as amd.). The premises being controlled the final order was unwarranted.

¶2Appeal from judgment dismissed as it appears that no judgment was ever entered. The final order should be reversed, with $30 costs, and petition dismissed, with costs.

¶3Concur—Steuer, J. P., Hoestadter and Aurelio, JJ.

¶4Final order reversed, etc.

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