BCC Holding Corp. v. Coster

New York Supreme Court

BCC Holding Corp. v. Coster

194 Misc. 537, 88 N.Y.S.2d 644, 1949 N.Y. Misc. LEXIS 2154

CourtNew York Supreme Court

DecidedMarch 25, 1949

StatusPublished

Cited by4 cases

This text of 194 Misc. 537 (BCC Holding Corp. v. Coster) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

BCC Holding Corp. v. Coster, 194 Misc. 537, 88 N.Y.S.2d 644, 1949 N.Y. Misc. LEXIS 2154 (N.Y. Super. Ct. 1949).

Pincite

Opinion

Eder, J.

This is a motion to review and annul determination of respondents, temporary city housing rent commission, refus[538]*538ing to issue to petitioner a certificate of eviction and to direct its issuance. The application is denied. The record discloses that disputed issues of fact were presented at the hearing before the respondents as to whether the petitioner accepted tenant’s divorced wife as the new tenant and accepted her new husband’s presence and occupancy and waived the provisions of the lease which the petitioner invoked that the apartment is to be used by the tenant and his immediate family and for no other purpose.

If the petitioner as landlord accepted the divorced wife as the new tenant, and she remarried, her new husband thereupon became one of the “ immediate family ” and, as such, was entitled to occupy the apartment.

There is no basis to annul the determination of the commission upon the disputed issues of fact and its determination cannot be said to be arbitrary, capricious and unreasonable under the circumstances.

Upon the record presented the court is of opinion that it may not interfere with or disturb the refusal of respondents to issue a certificate of eviction. Settle order.

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Eder, J.

This is a motion to review and annul determination of respondents, temporary city housing rent commission, refus[538]*538ing to issue to petitioner a certificate of eviction and to direct its issuance. The application is denied. The record discloses that disputed issues of fact were presented at the hearing before the respondents as to whether the petitioner accepted tenant’s divorced wife as the new tenant and accepted her new husband’s presence and occupancy and waived the provisions of the lease which the petitioner invoked that the apartment is to be used by the tenant and his immediate family and for no other purpose.

If the petitioner as landlord accepted the divorced wife as the new tenant, and she remarried, her new husband thereupon became one of the “ immediate family ” and, as such, was entitled to occupy the apartment.

There is no basis to annul the determination of the commission upon the disputed issues of fact and its determination cannot be said to be arbitrary, capricious and unreasonable under the circumstances.

Upon the record presented the court is of opinion that it may not interfere with or disturb the refusal of respondents to issue a certificate of eviction. Settle order.

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Bluebook (online)

194 Misc. 537, 88 N.Y.S.2d 644, 1949 N.Y. Misc. LEXIS 2154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bcc-holding-corp-v-coster-nysupct-1949.

Opinion

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