Thomas v. Thorne

• Decision Date: 25 May 1970
• Citation: 63 Misc.2d 225,312 N.Y.S.2d 180
• Parties: Robert THOMAS, Plaintiff, v. Eric R. THORNE, Defendant.
• Court: New York City Court

Page 180

312 N.Y.S.2d 180

63 Misc.2d 225

Robert THOMAS, Plaintiff, v. Eric R. THORNE, Defendant.

Civil Court of the City of New York, Queens County.

May 25, 1970.

[63 Misc.2d 226] John J. Siegel, Weinstein, Chayt & Bard, Brooklyn, for plaintiff.

Eric R. Thorne in pro. per.

DECISION

SEYMOUR LAKRITZ, Judge.

This is an action involving a rent overcharge. It involves a six and a half room apartment.

In November, 1966, the plaintiff moved into this apartment, which rental included central heating, hot and cold running water, refrigerator, stove, electric and gas services furnished to the tenant. The tenant paid the rental of $125.00 per month for the period from November 1966 to April 15, 1967, at which time the rent was increased to $140.00 per month, which sum was paid each month up to and including February 1, 1968.

The landlord filed a statutory decontrol report on the grounds that this apartment had been owner occupied. The same case was received under Docket #2DR13408 on August 15, 1966. Thereafter, and by order, under Docket #2AD25613, issued August 23, 1968, the landlord's report of statutory decontrol hereinabove set forth was revoked, and the rent fixed, effective September 1, 1965, at $36.00 per month.

In checking the Rent Commission file which was in evidence, the order of decontrol was revoked because one Doris Blake allegedly lived as a tenant in this apartment for a period of three months prior to February 1966. On the basis that there was more than single occupancy, the decontrol order was revoked. However, it is interesting to note that in the Rent Office file there is a judgment rendered by Judge Lewis S. Flagg, Jr., dated March 2, 1966, rendering final judgment of possession of the premises in question, (the rooms allegedly lived in by the said Doris Blake) to the landlord on the grounds that the said Doris Blake is a Squatter (emphasis supplied). This Court cannot understand, therefore, how this 'tenancy' could be grounds for the revocation of the decontrol order. Thereafter, and in pursuance of information obtained in the file in evidence, the Court, on its own, contacted the Rent Office in Brooklyn to determine if the entire file in connection with the apartment in question was before the Court, and was advised that there was another proceeding affecting this apartment which superceded the order which had been introduced into evidence as part of the plaintiff's case.

In the interest of justice, the Court contacted the attorney for the plaintiff and the defendant in person, since the defendant was self-represented, and set this matter down for further evidence to be introduced.

With the consent of the plaintiff and on behalf of the defendant, the Court moved to open the trial for the purpose of introducing further evidence. It was stipulated that the Rent Office had entered a further order under Docket #2AD32896 dated August 5, 1969, establishing the ceiling rental for the apartment in question at $45.80, effective March 22, 1965.

The plaintiff herein removed from the apartment sometime...