In re Zellner

| N.Y. App. Div. | Mar 15, 1948

In a proceeding by a tenant to fix the emergency rent of a commercial building, pursuant to chapter 3 of the Laws of 1945, this court reversed an order of the Special Term which confirmed a report of an Official Referee and required the tenant to pay $5,400 per annum as the fair and reasonable rent, and remitted the matter to the Special Term for further proceedings, with instructions to make findings (270 A.D. 941" court="N.Y. App. Div." date_filed="1946-05-13" href="https://app.midpage.ai/document/in-re-zellner-5383958?utm_source=webapp" opinion_id="5383958">270 App. Div. 941). In pursuance thereof and after a hearing, the official referee made another report, a decision was rendered by the Special Term containing findings, and an order was made modifying the report by fixing the rent at $5,140.79 per annum. Both tenant and landlord appeal from that order. Order modified on the law and the facts by striking from the first ordering paragraph the words and figures' “ Five Thousand One Hundred and Forty 79/100 ($5,140.79)” and inserting in place thereof the following: “Five Thousand Three Hundred Thirty-four and 85/100 ($5,334.85)”; and by striking out the second ordering paragraph. As thus modified, the order is affirmed, without costs. Inconsistent findings are reversed and this court makes the following new finding: “ The proper items and amounts to be taken into consideration as cost of maintenance and operation are, taxes, $1,550.00; insurance, $418.50; and managing agent, $270, making a total of $2,239, to which should be added the sum of $2,400, representing six per centum of $40,000, the value of the property, making a total of $4,639, fifteen per centum of which, or $895.85, should further be added thereto, making a total of $5,334.85.” Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.