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ANNA CASTANO v. TONI GABRIEL (07/30/69)

CIVIL COURT OF THE CITY OF NEW YORK, TRIAL TERM, NEW YORK COUNTY 1969.NY.42713 <http://www.versuslaw.com>; 302 N.Y.S.2d 943; 60 Misc. 2d 218 July 30, 1969 ANNA CASTANO, PETITIONER,v.TONI GABRIEL, RESPONDENT Daniel C. Finkelstein for petitioner. Peter J. Unger for respondent. Maurice Wahl, J. Author: Wahl


Maurice Wahl, J.

Author: Wahl

 In this nonpayment eviction proceeding, the parties have stipulated the facts. These are:

1. The parties are the landlord and tenant of premises Apartment No. 1A at No. 7 West 73rd Street, New York City.

2. The original written lease for a term of 2 years expired on the 31st day of December, 1963 and provided for a monthly rent of $110.

3. From the expiration of the lease and up to the 31st day of December, 1968 landlord demanded and tenant paid the monthly rent of $110. No lease was executed.

4. On or about November 25, 1968, landlord served a notice of month-to-month tenancy upon tenant increasing the rent from $110 per month to $160 per month, which increase, however, tenant refused to pay; landlord subsequently stated orally to tenant that she would accept the monthly rental of $155 instead of $160.

5. Tenant paid rent of $155 as of January 1, 1969, to and including April 1, 1969, which rent was paid in each instance by one check in the sum of $110 and a second check for $45 marked "under protest."

6. On or about May 1, 1969, tenant tendered a check to the landlord for the rent due and payable May 1, 1969, in the sum of $20, accompanied by a letter in which she apprised the landlord that, in view of the newly enacted Rent Stabilization Act of 1969, she deducted the alleged overcharges of $180 from the rent payable in the said month of May, 1969. . Landlord demanded the rent of $155 for May; tenant refused to pay.

8. Notice of petition and petition were properly served herein.

9. Jurisdiction is conceded.

In an unnumbered paragraph the stipulation further provides that: In the event that the landlord prevail in this proceeding, landlord and tenant agree to execute a two-year lease for the same premises at a rental of $155 per month, and landlord agrees to paint said apartment.

The petition alleges that the $155 rental demanded is no greater than the maximum rent prescribed by the rent control law and that the demised premises are decontrolled by reason of an order. An order of decontrol concerning this Apartment 1A was issued on September 18, 1968.

Both parties have brought into this proceeding the effect of Local Law No. 16. (Local Laws, 1969, No. 16 of City of New York.) This court has ruled upon this statute in its decision Fifty Cent. Park West Corp. v. Bastien (60 Misc. 2d 195).

The court decides that the case at bar is without the ambit of this local law. Local Law No. 16 purports to bring within its coverage buildings, erected after 1947 or wholly decontrolled buildings, not a single apartment as at ...


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