The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-19
CITY TO FIGHT t
ADVERSE RENT
LAW DECISION
To Be Party to Appeal FROM
Justice Mullen's Man
haitian Ruling. &
ACTION IN FEW DAYS
Speedy Proceedings Soon to
Procure Uniformity in
Court Disposals.
HILLY TO HAVE CHARGE
Brooklyn Landlords to Seek
Reversal Of Justice Fabers
Findings.
ACTION IN FEW DAYS
HILLY TO HAVE CHARGE

City officials who have been fighting
the tenants rent battles and officers of
realty firms who have been combating
restrictive housing legislation cleared
decks yesterday for a contest OF the
diverse interpretations of Chapter s42 OF
the Laws of 1920, which virtually sus-
ponds the night of dispossess. handed
down Saturday in Manhattan and
Brooklyn. In Brooklyn. where the ten
ants scored their victory, the landlords
announced they would carry the fight to
the higher courts. While Manhattan
landlords were chortling over their sue
cess David Hirshfeld, Commissioner OF
Accounts. and others made It known
that the city government will likewise
contest the decision, which is said prac-
tically to nullify the efficacy of tho
emergency legislation.
The coming legal battle will be waged
around the word pending" It was on
this work, which appears in Section 942.
that Justice George V. Mulan of Man
haitian and Justice Leander Faber OF
Brooklyn differed. Justice Mullan held
that in the case at Issue, the II. d. II.
neatly Company against George >.
Chaimes OF 205 East Fourteenth street,
there had been a final order and that
case was not pending when such an
order had been issued. Justice Faber.
on the other hand. ruled in the case OF
Mrs. Clara Wasserman of 300 Fifteenth
street against Miss Annie Dunn, a ten
ant of $50 Ninth street. that case was
pending until judgment had been ex-
ecuted.
City to Act in Few Days.
Grover NJ. Moskowitz, counsel for the
Rayland Realty Company, which acted
for Mrs. wasserman. filed an appeal
with the Appellate Division OF the Su-
preme Court. While the city govern
ment has not as yet filed it's appeal in
the Manhattan case, Mr.. Hirshfeld said
the action would be started In a few
days. Arthur J. w. Hlly. chairman OF
the Mayors Committee on Rent Prof
iteering. will act for the city. He prob
ably will have the help of an assistt q
Corporation Counsel.
After reading the decisions in bot
cases." Mr.. Hirshfied said, I'VE ha--
| come TO the conclusion Justice FaberE
decision Is sound but. in view Of the con-
flicting decisions and the adverse preea-
dent in Manhattan. we have decided Ia
take an appeal"
Asked II the Municipal Court is boun6
by the decision of Justice Mullan, Mfr.
Hirshfield said he did not think SO. ans
added:
THE Appellate Court of the Municipal
Court is the Appellate Term. While the
decision of Justice Mullan is binding in
the case In question. II is my opinion that
the clerks OF the municipal courts would
be justified in not following 1t in view
of the contrary decision OF Justice FabeF.
and the further fact that the Man
haitian decision does not emanate from
the Appellate Court OF the Municipal
Court"
HfIIy to Fight New Move.
Mr.. Hilly said he had heard thaE
several landlords are about TO begin e.
joinment proceedings against tenants
who have failed TO sign new leases. Their
old leases. he said. stipulated that the
tenant would vacate the premises by
the last day of September. The tenants
have agreed to live UP 10 these agree
ments and, because OF the new legisla-
ton, have not Mr.. Hilly gave II as his
opinion that the effort at dispossess ~
such proceedings would fail. His CONS
mittee will fight such a move.
What the police describe as landlord
and tenant fracas resulted yesterday In
the stabbing OF Feddle Frisina. proprie-
tor OF a pool room at 1897 Gates ave-
nue.. and the arrest OF Mrs. Catherine
SteIuna OF 347 Linden street Frisins.
the police say. was ordered to vacate the
store Of the Gates avenue house he oc-
cupied and an apartment upstairs by
October 1. and that he had failed to do
80. Mrs. Steluna and her husband. who
own the building, met Frisina outside
the poolroom and an argument started,
during which, Frisina charged, Mrs. Ste
luna welded a pocket knife.
Frisina was cut about the face and
arms and was removed TO the Wyckoff
Heights Hospital Mrs Steluna was ar
raigned later I'm Gates Avenue Court
and was held in $4,000 on charge OF
felonious assault.