Page images
PDF
EPUB

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...

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

PAGE

30

147

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

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.......

[ocr errors][subsumed][subsumed][subsumed][subsumed][merged small]

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-

uated.....

Pleading and proof in.

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

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
of the Bar of the City of New York.

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
205-207

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

[blocks in formation]

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

171

[blocks in formation]

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

when defense of unreasonableness is interposed by tenant...

ANNOYING OF TENANTS

(See SERVICES TO TENANTS)

ANSWER (See also COUNTERCLAIMS; DEFENSES)
Of tenant in "summary proceeding"

"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-
ulars....
.166, 305, 324, 325, 329

APPEAL

By tenant, adjudicated rent must be deposited until final determina-
tion of...
.118, 306, 325, 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....

APPRAISAL

Of property, as a basis for reasonable rent.

.43, 288, 351–352

214

[blocks in formation]

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

[blocks in formation]

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

PAGE

...305, 324, 325, 329

extension beyond five days granted only for good cause....170, 305
court upon motion shall dismiss complaint or petition..168, 305,

issue not deemed joined...

324, 325, 329
168, 305, 324, 325, 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

[blocks in formation]

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..
Not an exclusive remedy.

163

162

[blocks in formation]

Remedies applying to ordinary bill of particulars not available.
Scope, as distinguished from ordinary bill of particulars..

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

177

.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

[blocks in formation]
« EelmineJätka »