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of........ dollars per month.” That said Tenant entered into the possession of said premises and still occupies the same.

That on the........ day of....... 19.., there was due to the said Landlord under and by virtue of said agreement, or (as the reasonable rental value of the said premises) the sum of.. dollars for..., or (the reasonable rental value) of said premises before described, to wit, from the..... .day of......

19.., to the........ day of 19... That the rent of the premises above described is no greater than the amount for which the tenant was liable for the month preceding the default for which this proceeding is brought.

Your petitioner further shows that said rent has been demanded personally from the said Tenant since the same become due, or (that a notice in writing, a copy of which is hereto annexed marked A, 34 has been served in behalf of the Landlord in this proceeding upon the tenant (and under-tenants) in the manner set forth in the affidavit of service attached to the said notice marked B),* and that said Tenant has made default in the payment of said rent, and that said Tenant and...

undertenant, hold over and continue in possession of said premises without the permission of the said Landlord after default in the payment of the rent as aforesaid (and that your petitioner is duly authorized to institute and maintain these Proceedings to dispossess said Tenant and those claiming possession under said Tenant ). WHEREFORE, your petitioner prays for a final order awarding to the petitioner the possession of said premises together with costs of these proceedings, and for a Warrant to remove said Tenant and Undertenant from the possession of said premises. Dated New York,..




• See $ 1410, Civil Practice Act, subdivision 2-a, supra, p. 335. de For Form, see Lauer's Mun. Ct. Pr., Form No. 233.

• See $ 1410, Civil Practice Act, subdivision 2 and 8 1421. For form of af. fidavit, see Lauer's Mun. Ct. Pr., forms Nos. 239, 240, 241, 242.


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being duly sworn deposes and says that he is the petitioner in the foregoing petition and has [heard) read said petition and that the contents of said petition by said petitioner subscribed are true to the knowledge of deponent, except as to those matters therein stated to be alleged on information and belief, and as to those matters deponent believes the same to be true.

(That deponent is the agent of said Landlord and all the material allegations set forth in said Petition are within the personal knowledge of deponent as agent for said Landlord for which reason this verification is made by this deponent and not by said Landlord .] 5 Sworn to before me this. day of....






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The plaintiff above named, for its bill of particulars herein, states as follows: 1. The gross income derived from the building No.

Street in the Borough of Manhattan, City of New York, from October 1, 1919, to September 30, 1920, inclusive, is $20,992.00.

2. The number of apartments in said building is twenty-six. 3. The number of stores in said building is none. * Omit part in brackets if petition is made by landlord and not by agent. • Entitle in the Court in which the action is pending.

4. The number of rooms in each apartment, and the rent received for each such apartment or store for the period of one year last past is as follows: Apartment Number of

Rent received for rooms

one year last past No.On East 00 Street 1st floor front east 3 and bath

None (Occupied by super

intendent) 1st west 3 and bath

$396.00 1st 7 and bath

600.00 2nd 8 and bath

792.00 2nd 7 and bath

660.00 3rd 8 and bath

900.00 3rd 7 and bath

684.00 4th 8 and bath

960.00 4th 7 and bath

720.00 5th 8 and bath

900.00 5th 7 and bath

780.00 6th 8 and bath

1,200.00 6th rear 7 and bath



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6 front


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5. The consideration paid by the landlord for the building, it being the owner thereof, is $200,000, the date of purchase being July 26, 1920.

6. The assessed valuation of said property for the year 1920 was $150,000, the land being assessed at $90,000, and the building being assessed at $60,000.

7. The operating expenses of said property for the year from October 1, 1919, to September 30, 1920, were as follows:


$3,720.00 (For the year 1921 the property is assessed at $170,000 and

taxes payable are estimated to exceed $5,000.) Water charges...

187.00 Mortgage charges-mortgage of $82,500 at 5%

4,125.00 (Additional charges for current year, $3,625.) 7 This item is retained upon the authority of Osmansky v. Auerbach, 189 N. Y. Supp. 7, although it has been held that it may be disregarded in Hirsch v. Weiner, 190 N. Y. Supp. 111. See, supra p. 216 et seq.

Legal expenses for raising mortgages, etc.

Second mortgage tax.
Revenue stamps. .
Legal services.
Recording fee..
Third mortgage tax.

Revenue stamps..
Recording fee. ...




390.90 4,682.00

407.87 2,213.90



891.78 1,043.83

Services, one superintendent, porter, hall boys.....

(At the rate paid since October 1, 1920, this item for the cur

rent year will amount to $5,640.) Insurance premiums... Coal, 200 tons, 550 lbs.

(At this year's price the estimated cost of coal for the current

year is $3,000.)
Interior decorating and painting...
Whitewashing courts.
Management and collection..

(The charge is 5% upon the total amount collected. For the

current year it is estimated at $2,250.)
Electric light, power and gas..
Repairs to refrigerators...
Repairs to house pumps.
Repairs to dumbwaiters.
Glass and glazing..
Electric fixtures, repairs and labor.
Vermin exterminator.
Gas fixture repairs...
Window shades and rollers.
Janitor's supplies and incidentals.
Telephone deficit..
Minor elevator repairs.
Rent of gas ranges..
Steam heating repairs.
Repairs to leaders.
Depreciation on building at 2%.

600.00 50.65 92.95 37.10 29.50 257.62 86.67 20.00 63.10 133.01

88.42 126.84 141.90 136.00 270.00

50.00 1,340.00

Total operating expenses, 1919-20.......

$22,600.97 • If the present ruling of Hirsch v. Weiner, 190 N. Y. Supp. 111, stands, 8. Estimated additional operating expenses for the year from October 1, 1920, to September 30, 1921, are as follows:

$ 1,280.00 3,625.00 958.00

786.00 1,785.72 1,200.00

Additional taxes, estimated.
Additional interest on mortgage.
Additional cost of service..
Additional price of coal, estimated.
Plumbing, as per above. ...
Additional charge of management and collection, estimated..
Apportionment of periodical expenses:-

Masonry work (sidewalks, courts, chimneys, etc.). .. . $250.00
Ornamental iron work (fire escapes, railings, etc.). 100.00
Marble and tiling...

300.00 Exterior and house painting..

350.00 Repairs to fences, clothes driers, etc..

50.00 Elevator replacements (cables, motors, armatures, etc.) 250.00 Roofing and sheet metal work..

175.00 Plastering ....

175.00 Kalsomine work.

25.00 Treads (slate, wood and marble).

50.00 Hardware (locks, keys, etc.)...,

25.00 Expenses of mortgage renewals 10_average per year.. 500.00 (Other expenses exist not subject to estimate, arising out

of changes in law affecting premises, liability for acci

dents in excess of insurance, etc.).... Estimated additional operating expenses, 1920–21.

.2,250.00 11,884.72

Total estimated operating expenses, 1920–21.
Owner's equity in property..

$34,485.69 $57,500.00

Attorneys for Plaintiff,
No. Street,

Borough of

New York,

these items could not be properly considered. This applies, as well, to the items following in respect to second and third mortgages.

• Under decision in Hirsch v. Weiner, 190 N. Y. Supp. 111, such expenses should be not apportioned, but charged in full against the year when made.

10 Under decision in Hirsch v. Weiner, 190 N. Y. Supp. 111, this item should be disregarded.

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