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City of New York v. Robbins Men & Boys Wear Corp.

75 Misc. 2d 104 Court Supreme Court, Appellate Term, Second Department, Decision date 1973-06-27 English

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p. 104
City of New York, Petitioner-Appellant-Respondent, v. Robbins Men and Boys Wear Corp., Respondent-Respondent-Appellant.
Supreme Court, Appellate Term, Second Department,
June 27, 1973.
Norman Redlich, Corporation Counsel (Morris Einhorn and Stanley Buchsbaum of counsel), for appellant-respondent. J. Stanley Shaw for respondent-appellant.

Subdivision b of section B15-37.0 of the Administrative Code of the City of New York, with respect to the payment of rent after the vesting of title, applies to “ All persons in possession ” and therefore clearly encompasses one in the position of a subtenant. We also find that the provision made for the determination of rent was a proper exercise of authority by the city (Municipal Home Rule Law, § 10, subd. 1, par. a, cl. [6]; General City Law, § 20, subd. 2).

Final judgment in favor of tenant respondent unanimously reversed, with $30 costs to petitioner landlord, and final judgment directed to be entered in favor of petitioner for the amount sought in the petition.

Concur — Schwartzwald, P. J., Rinaldi and Cone, JJ.

Statutes and regulations cited