Ben Estates Corp. v. Giampiccolo

Appellate Terms of the Supreme Court of New York

Ben Estates Corp. v. Giampiccolo

9 Misc. 2d 191, 164 N.Y.S.2d 448, 1957 N.Y. Misc. LEXIS 2815

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1957

StatusPublished

This text of 9 Misc. 2d 191 (Ben Estates Corp. v. Giampiccolo) 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

Ben Estates Corp. v. Giampiccolo, 9 Misc. 2d 191, 164 N.Y.S.2d 448, 1957 N.Y. Misc. LEXIS 2815 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

A summary proceeding based upon a certificate of eviction presupposes the landlord’s right thereto as having been established to the satisfaction of the Rent Administrator (83 Ridge St. Corp. v. Schnitzer, 199 Misc. 826). The court below should not have permitted a review of the evidence upon which the landlord had based its application for the certificate of eviction.

The record does not indicate that the landlord did not in fact desire tenant’s space for occupancy by a resident superin[192]*192tendent and the verdict of the jury was contrary to the weight of the admissible evidence and should not be permitted to stand.

Tenant’s remedy is by way of application to the Bent Administrator for reconsideration based upon the alleged new facts.

The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in petition, with costs.

Hecht, Aurelio and Tilzer, JJ., concur .

Final order reversed, etc.

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