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E. 7TH ST. REALTY CORP. v. DAMM

196 Misc. 920 (1949)

East 7th Street Realty Corp., Appellant, v. Gertrude Damm, Respondent.

Supreme Court, Appellate Term, Second Department.

December 23, 1949.

Attorney(s) appearing for the Case

Charles A. Hirsch for appellant.

Benjamin Weinstein for respondent.

STEINBRINK, RUBENSTEIN and COLDEN, JJ., concur.

Per Curiam.

Section 205 of the Housing and Rent Act of 1947 (U. S. Code, tit. 50, Appendix, § 1895) created a cause of action unknown at common law. The period of limitation set up therein is regarded as a matter of substance limiting the right as well as the remedy, and the filing of a suit within the prescribed period of one year is a condition precedent to recovery. The cause of action set forth in the counterclaim...

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