ESPOSITO v. WETZEL


196 Misc. 246 (1949)

Nicholas Esposito, Landlord, Respondent, v. Harry Wetzel, Tenant, Appellant.

Supreme Court, Appellate Term, First Department.

On Reargument, August 23, 1949.


Attorney(s) appearing for the Case

David S. Elgot for appellant.

Benjamin Barondess for respondent.

Nathan W. Math for Temporary City Housing Rent Commission of the City of New York, amicus curiæ.

PECORA and HECHT, JJ., concur in Per Curiam opinion on reargument; HOFSTADTER, J., concurs in result on reargument.


Per Curiam.

The proceeding is brought under paragraph (5) of subdivision (a) of section 209 of the Federal Housing and Rent Act of 1947, as amended by Public Law 464, 80th Congress, 2d Session, chapter 161 (U. S. Code, tit. 50, Appendix, § 1899), in effect April 1, 1948, providing as follows: "No action or proceeding to recover possession * * * shall be maintainable by any landlord against any tenant * * * unless...

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