INDEX 1 Figures in heavy face type refer to the Text of the respective Emergency ACCOMMODATIONS (See SERVICES TO TENANTS) ACTIONS Distinguished from summary proceedings... ACTIONS TO RECOVER FOR USE AND OCCUPATION PAGE 30 147 Defense of unreasonableness not necessary to be pleaded.... 148 Distinguished from action to recover rent.. Form of judgment required... plied, to pay rent....... Formerly maintainable only on proof of an agreement, express or im- Improper to dismiss where some value is established... Jurisdiction of Municipal Court of New York City in....... Landlord may maintain, regardless of any agreement indicating the 197 Measure of damages prior to emergency laws, in case of "hold-over" 196 uated..... Pleading and proof in. Recovery is reasonable compensation for use and occupation... plied agreement..... 204, 313 .205-207 146 241 146 .148, 164 196 Occupation of premises with consent of owner held to establish im- Statutory bill of particulars in.. Substituted by the emergency laws for previously existing remedies of landlord..... 1 Prepared by Arthur S. McDaniel, Assistant Librarian of The Association ACTIONS TO RECOVER RENT Covering same period as summary proceeding... Definition.... Distinguished from action to recover rental value.. Distinguished from action to recover for use and occupation. Form of judgment required...... Jurisdiction of Municipal Court of New York City in. Must be brought in county or in district where premises are sit- uated..... Pleading and proof in. ADJOURNMENT PAGE 118 32 32 146 242 32 .204, 313 Request for, by tenant, if landlord fails to file statutory bill of partic- Of service, to obtain warrant for non-payment of judgment, Form.... 391 171 Of pleadings in action to recover rent, to permit recovery of reason- when defense of unreasonableness is interposed by tenant... ANNOYING OF TENANTS (See SERVICES TO TENANTS) ANSWER (See also COUNTERCLAIMS; DEFENSES) "ANTI-RENT WARS" OF 1840 TO 1850..... 205 206 ..39, 343-344 .11-14 APARTMENT HOTELS (See HOTELS) APARTMENTS PAGE Number of, in building, to be stated in statutory bill of partic- APPEAL By tenant, adjudicated rent must be deposited until final determina- APPRAISAL Of property, as a basis for reasonable rent. .43, 288, 351–352 214 Of tenants, when necessary parties to summary proceedings.. . . . 66 ASSIGNMENT Fraudulent, of tenant's lease, a defense in summary proceeding 67 Of rents to purchaser for periods prior to purchase, purchaser cannot 119 BILL OF PARTICULARS, STATUTORY PAGE ...305, 324, 325, 329 extension beyond five days granted only for good cause....170, 305 issue not deemed joined... 324, 325, 329 request for adjournment or dismissal by tenant must be granted.. 169 168 Consequences of failure to furnish particulars in one required respect.. 170 Need not be filed in actions for use and occupation if tenant does not 148 New owner may state inability to furnish all particulars required.. 163 162 Remedies applying to ordinary bill of particulars not available. 171 172 Statutory requirements of.... 166-168 Tests of accuracy of . . . . . .178-184 To be filed by landlord when tenant interposes defense of unreason- ableness.. Use of, as evidence, discussion.. .117, 305, 323-325, 329 ...172-178 admission of, upon testimony of competent witness. 177 .175, 177 if tenant offers only part of bill, landlord may offer remainder in ...... 174 may be offered in evidence in part or in toto by tenant to establish 173 may be regarded before court and jury, without having been 175 original bill may be offered, even though an amended bill is filed. 174 |