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discussed
Cited "see, e.g."
Resolution Trust Corporation v. Selma Diamond
With the terms of the lease otherwise remaining in force, it may not fairly be said that the rent payable during the emergency period is merely a statutory rent and is not under the lease. 43 Id.; see also Hudson View Properties v. Weiss, 109 Misc.2d 589 , 442 N.Y.S.2d 367, 370 (App.Term 1981) ("In the case of a statutory tenancy ... 'with the exceptions of the duration of the term, and the amount of rent payable, the rule established by the weight of authority is that insofar as the provisions of a lease which has expired are not in conflict with the then prevailing emergency rent statutes, a…
discussed
Cited "see, e.g."
Resolution Trust Corp. v. Diamond
Id.; see also Hudson View Properties v. Weiss, 109 Misc.2d 589 , 442 N.Y.S.2d 367, 370 (App.Term 1981) (“In the case of a statutory tenancy ... “with the exceptions of the duration of the term, and the amount of rent payable, the rule established by the weight of authority is that insofar as the provisions of a lease which has expired are not in conflict with the then prevailing emergency rent statutes, and are not confined to the period of the expired lease, they are projected into the statutory tenancy, and will continue in effect during the term of the statutory tenancy.’ ” (quoting…
Retrieving the full opinion text from the archive…
Hudson View Properties
v.
Julia M. Weiss, and Robert Abrams, as Attorney-General of the State of New York, Intervenor-Appellant
v.
Julia M. Weiss, and Robert Abrams, as Attorney-General of the State of New York, Intervenor-Appellant
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 1982.
Cited by 9 opinions | Published
Order, Appellate Term, Supreme Court, First Department, entered on July 17, 1981, unanimously reversed, on the law, without costs and without disbursements, for the reasons stated by Asch, J., dissenting at Appellate Term, and Wilk, J., at Civil Court and the motion to dismiss the petition of petitioner respondent granted. Concur — Sandler, J. P., Carro, and Silverman, JJ. Ross, J., concurs in the result only.