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INDEX 1

Figures in heavy face type refer to the Text of the respective Emergency

Laws in the Appendices.

ACCOMMODATIONS (See SERVICES TO TENANTS)

ACTIONS

Distinguished from summary proceedings.

PAGE

30

ACTIONS TO RECOVER FOR USE AND OCCUPATION
Curtailed under emergency laws....

147
Defense of unreasonableness not necessary to be pleaded...

148
Definition....

32
Distinguished from action to recover rent..

32
Form of judgment required...

242
Formerly maintainable only on proof of an agreement, express or im-
plied, to pay rent.....

146
Improper to dismiss where some value is established...

203
Jurisdiction of Municipal Court of New York City in.....

32
Landlord may maintain, regardless of any agreement indicating the

assumption of the conventional relation of landlord and
tenant.

197
Measure of damages prior to emergency laws, in case of "hold-over" 196
Must be brought in county or in district where premises are sit-

.204, 313
Pleading and proof in.

205–207
Recovery is reasonable compensation for use and occupation.... 146
Rent due at end of period, unless otherwise agreed upon..

241
Occupation of premises with consent of owner held to establish im-
plied agreement......

146
Statutory bill of particulars in..

...148, 164
Substituted by the emergency laws for previously existing remedies
of landlord..

196

uated.....

1

· Prepared by Arthur S. McDaniel, Assistant Librarian of The Association
of the Bar of the City of New York.

ACTIONS TO RECOVER RENT

PAGE
Covering same period as summary proceeding.....

118
Definition..

32
Distinguished from action to recover rental value....

32
Distinguished from action to recover for use and occupation. 146
Form of judgment required

242
Jurisdiction of Municipal Court of New York City in.

32
Must be brought in county or in district where premises are sit-
uated.....

204, 313
Pleading and proof in.

205–207

ADJOURNMENT
Request for, by tenant, if landlord fails to file statutory bill of partic-

ulars..

169

ADVERTISING

As operating expense.

.182-183

AFFIDAVITS
Of non-payment of judgment, Form...

392
Of service, to obtain warrant for non-payment of judgment, Form.... 391
Of verification of statutory bill of particulars....

171

AGENTS

Commissions of, as operating expenses.
Failure to furnish services to tenants, liability.

227
..267, 279-280

AGREEMENTS (See LEASES)

AMENDMENT
Of pleadings in action to recover rent, to permit recovery of reason-
able rent.....

205
when defense of unreasonableness is interposed by tenant.. 206

ANNOYING OF TENANTS

(See SERVICES TO TENANTS)

ANSWER (See also COUNTERCLAIMS; DEFENSES)

Of tenant in "summary proceeding"

...39, 343-344

"ANTI-RENT WARS" OF 1840 TO 1850.

11-14

APARTMENT HOTELS (See HOTELS)

PAGE

APARTMENTS
Number of, in building, to be stated in statutory bill of partic-
ulars..

166, 306, 324, 325, 329

tion of .....

APPEAL.
By tenant, adjudicated rent must be deposited until final determina-

.118, 306, 326, 329
From stay order of N. Y. City Municipal Court, how taken... . 129-130
In dispossess proceedings, stay of warrant on appeal upon giving of
security...

.43, 288, 361-362

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ASSIGNEES

Of tenants, when necessary parties to summary proceedings....

66

ASSIGNMENT
Fraudulent, of tenant's lease, a defense in summary proceeding
against sub-tenant..

67
Of rents to purchaser for periods prior to purchase, purchaser cannot
maintain summary proceedings..

119

ATTORNEYS (See LAWYERS)

AWNINGS

As operating expenses...
Tests of accuracy of bills of particulars.

228

.180, 182

BANKRUPTCY

Of tenant as ground for summary proceedings. ...

.48, 336

BAWDY HOUSE

Petition by neighbor of......
Premises used for, removal of tenant.
Premises used for, summary proceedings against tenant..

340

79
.48, 336

PAGE

BILL OF PARTICULARS, STATUTORY
Consequences of failure to file.....

...306, 324, 326, 329
extension beyond five days granted only for good cause....170, 306
court upon motion shall dismiss complaint or petition. .168, 306,

324, 325, 329
issue not deemed joined......

168, 306, 324, 326, 329
request for adjournment or dismissal by tenant must be granted.. 169
waiver by tenant of filing of...

168
Consequences of failure to furnish particulars in one required respect.. 170
Discussion of..

160-184
Forms for....

.375–378, 379-387
In actions for use and occupation..

164
In actions for trespass...

164-165
Need not be filed in actions for use and occupation if tenant does not
plead defense of unreasonableness....

148
New owner may state inability to furnish all particulars required.. 163
Not an exclusive remedy.

162
No demand necessary..

162
Proof of facts in bill by landlord, not required..

161
Purpose of...

. 161, 307, 327
Remedies applying to ordinary bill of particulars not available..... 171
Scope, as distinguished from ordinary bill of particulars..

172
Statutory requirements of.....

166-168
Tests of accuracy of .....

. 178-184
To be filed by landlord when tenant interposes defense of unreason-
ableness.

. 117, 306, 323–326, 329
Use of, as evidence, discussion..

172-178
admission of, upon testimony of competent witness.

177
cannot be regarded as proof of facts therein contained, but must
be established by competent evidence.....

...175, 177
if tenant offers only part of bill, landlord may offer remainder in
rebuttal.......

174
may be offered in evidence in part or in toto by tenant to establish
any required fact..

173
may be regarded before court and jury, without having been
formally put in evidence.....

175
original bill may be offered, even though an amended bill is filed. 174
tenant may controvert accuracy of items.

174
Use of, as proof of reasonable rent..

212
Verification of, form of..

.171, 379
When required.......

.323, 326, 329
when answer contains defense of unreasonableness..

.160, 306
when deposit has been made by tenant..

.160, 309

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