283 A.D. 897 | N.Y. App. Div. | 1954
In a proceeding pursuant to section 11 of the State Residential Rent Law (L. 1946, eh. 274, as amd.) to enjoin defendant from demanding rent in excess of the lawful maximum rent for two of its apartments and to recover the amount of the overcharges, and for other relief, defendant appeals from a resettled order granting plaintiff summary judgment, and denying defendant’s cross motion for summary judgment. After the enactment of paragraph (a) of subdivision 4 of section 4 of the rent control law by chapter 443 of the laws of 1951, and pursuant to its provisions and those of subdivision 2 of section 33 of the State Rent and Eviction Regulations, defendant entered into two-year leases for each of the apartments here involved, at rent increases of 15% over the previous maximum rents. Both apartments became vacant before the expiration of the leases, and were rented to different tenants, under new two-year leases providing for increases in rent over the amounts reserved in the prior leases. The latter leases were rejected by the local rent administrator, since under subdivision 2 of section 33 of the rent regulations, as amended, the total