250-252 West 27th Street Corp. v. Kofsky

Appellate Terms of the Supreme Court of New York

250-252 West 27th Street Corp. v. Kofsky

188 Misc. 647, 69 N.Y.S.2d 196, 1947 N.Y. Misc. LEXIS 2211

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 27, 1947

StatusPublished

Cited by2 cases

This text of 188 Misc. 647 (250-252 West 27th Street Corp. v. Kofsky) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

250-252 West 27th Street Corp. v. Kofsky, 188 Misc. 647, 69 N.Y.S.2d 196, 1947 N.Y. Misc. LEXIS 2211 (N.Y. Ct. App. 1947).

Pincite

Opinion

Shientag, J.

Subdivision (d) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315, and L. 1946, ch. 272) provides that under certain conditions a landlord may obtain possession of property if he has an equity in the property of not less than 25% of the purchase price. Subdivision (h) of section 8 provides that a person may obtain possession of the property for his own use who owns at least 90% of the stock of a corporation owning the entire premises. Subdivisions (d) and (h) must be read together. A stockholder who claims under subdivision (h) is not qualified to obtain possession unless the corporation under which he claims is itself qualified under subdivision (d) to bring a proceeding, This record shows that the landlord has not an equity of 25% in the building.

The final order should be reversed, with. $30 costs, and final order directed in favor of the said tenant and undertenant with costs.

Eder and Hecht, JJ., concur.

Order reversed, etc.

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Shientag, J.

Subdivision (d) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315, and L. 1946, ch. 272) provides that under certain conditions a landlord may obtain possession of property if he has an equity in the property of not less than 25% of the purchase price. Subdivision (h) of section 8 provides that a person may obtain possession of the property for his own use who owns at least 90% of the stock of a corporation owning the entire premises. Subdivisions (d) and (h) must be read together. A stockholder who claims under subdivision (h) is not qualified to obtain possession unless the corporation under which he claims is itself qualified under subdivision (d) to bring a proceeding, This record shows that the landlord has not an equity of 25% in the building.

The final order should be reversed, with. $30 costs, and final order directed in favor of the said tenant and undertenant with costs.

Eder and Hecht, JJ., concur.

Order reversed, etc.

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188 Misc. 647, 69 N.Y.S.2d 196, 1947 N.Y. Misc. LEXIS 2211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/250-252-west-27th-street-corp-v-kofsky-nyappterm-1947.

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