Filmat Realty Corp. v. Carleo

N.Y. App. Term

Court: New York Supreme Court, Appellate Term

Citations: 186 Misc. 717, 65 N.Y.S.2d 805, 1946 N.Y. Misc. LEXIS 2933

Decision Date: 4/18/1946

Jurisdiction: NY

Bluebook Citation: Filmat Realty Corp. v. Carleo, 186 Misc. 717, 65 N.Y.S.2d 805, 1946 N.Y. Misc. LEXIS 2933 (N.Y. App. Term 1946)

More Cases: N.Y. App. Term decisions from 1946

Filmat Realty Corporation, Landlord, Respondent, v. Nick Carleo, Tenant, Appellant.

Attorneys

Nathan A. Goldenthal for appellant.
Joseph J. Crisa for respondent.
John B. O’Brien and Harold F. Oarrahan for Paul Porter, Administrator, Office of Price Administration, amicus curice.

majority Memorandum Per Curiam.

The relationship here was that of landlord and tenant with an allowance for services. There was no employment for wages. There was no denial of the appellant’s testimony that he entered the premises as a tenant and many years subsequently was allowed a deduction from his rent for services. No termination of the original tenancy was established. Rent, as such, continued to be paid. Services were valued in terms of rent.

The final order should be unanimously reversed on the law, with $30 costs to appellant, and petition dismissed.

MacCrate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

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