BOARDERS Of tenants, removable under warrant of dispossession... BOILER Overhauling; as operating expense. and repairs; tests of accuracy of bills of particulars PAGE 66 62-63 228 180 .50, 72, 316-320 Stay of warrants of dispossession in.... Summary proceedings in non-payment cases under emergency law.... 107 BUILDING OPERATIONS, COSTS OF Increase in, 1913-1920.... 25 26 BURDEN OF PROOF (See also PROOF) Defense of unreasonableness leaves burden of proof with tenant...... 189 BUSINESS Premises leased for, and later used for residence. Hold over in premises used for, held to have agreed to pay increase Premises used for purposes of, not under protection of "emergency Premises used for, with living rooms connected, distinguished.. Discrimination against families with, made a misdemeanor by L. 1921, ch. 298... Of tenant, removable under warrant of dispossession.. .46, 297 66 CIVIL PRACTICE ACT Article 83, §§ 1410-1447, "Summary proceedings to recover possession of real property". In effect, October 1, 1921. Provisions as to entry of judgment upon default. CLERK OF COURT PAGE .331-354 .52, 331 Cannot delay landlord in right to a warrant or extend time of tenant to pay...... 255 Depository, authorized, of sums adjudged due in summary proceed- ings.... 41 Depository in reasonable rent actions.... 249 Issuance of warrant by clerk without authority, conflicting decisions. 131 243-246 CODE OF CIVIL PROCEDURE Replaced by Civil Practice Act, October 1, 1921..... COLLECTION OF RENTS Expense of, tests of accuracy of bill of particulars.. COMPETENCY Of witness (See EXPERT TESTIMONY) COMPETITION (See DEMAND AND SUPPLY) COMPLAINT Drafting of, in action to recover rent.... CONFISCATION Emergency laws not intended to be confiscatory. 52 179, 181 205 ix CONSIDERATION Paid by landlord, to be stated in statutory bill of particulars..166, 305, CONSTITUTIONALITY OF THE "EMERGENCY" LAWS.. viii, 53, 54 CONSTRUCTION (See INTERPRETATION) CONSTRUCTIVE EVICTION (See SERVICES TO TENANTS) COOPERATIVE OWNERSHIP CORPORATIONS Actions in ejectment by, under Civil Practice Act... COSTS PAGE .52, 101, 301 .88-93 In reasonable rent actions, granted only in event plaintiff recover the refused.. 138, 346 In summary proceedings, successful party entitled to taxable dis- COUNTERCLAIMS (See also DEFENSES) ....138, 346 Court may give affirmative judgment for amount due on......113, 281 .41, 284 In summary proceeding, no limitation on amount recoverable on in 33, 116 Interposition of in reasonable rent actions does not avoid necessity for deposit... 249 Judgment for excess where counterclaim interposed, upon default.... 245 COVENANTS .39, 113-116, 281 but not summary proceedings.. give landlord right to bring an ejectment suit, in event of 263 263 263 landlord may not recover fees of attorney for enforcing... 264 provides... 261 In leases, providing that landlord may terminate the term in event he 270 "personal" with landlord who makes it. . 271 Renewal... 272 For failure of landlord to make repairs agreed upon in lease..... 261 261 tenant may bring an independent action to recover, or.. 261 set up amount as a counterclaim... 261 For willful failure of landlord to furnish services.. 269 .41-42 Liability of tenant holding over, relying upon emergency laws, but 103 DECISION Form... DECORATIONS By landlord, voluntary and not a legal obligation.. DEFAULT .388-389 260 In payment of rent, summary proceedings permitted only when rent Judgment by, 48 131, 293 in action to recover rent, clerk to enter judgment.... .243, 244 in action to recover reasonable rental value, proof of cause of ..243, 245 tenant must pay full amount adjudicated within five days after ....242, 305, 325, 329 Power conferred upon N. Y. C. Municipal Court to vacate warrant DEFENSES (See also COUNTERCLAIMS) In non-payment summary proceedings.. .247, 306, 325, 329 .112-122, 323, 325, 328, 335 renewal of lease on old terms, promise by landlord of... waiver of notice by subsequent acceptance of rent. Of duress, under common-law, discussion.. statutory, discussion... 113, 281 113, 281 115 115 115 114 114 115 154-157 158 Of unreasonableness, created by "emergency" laws....116-122,139–158, available even though term of lease extends beyond Nov. 1, 1922. 141 1920, but not prior.... available to new tenants.. 122, 143, 145 .145, 192 188 251 burden of proof of establishing defense rests on tenant. 152-153 landlord may plead "fair and reasonable" rent..117, 302, 305, estoppel of tenant because of repairs made by landlord probably 153 206 325, 329 148 151 not necessary in actions for use and occupation..... |