De Stefano v. Finkelstein

New York Supreme Court

De Stefano v. Finkelstein

193 Misc. 401, 84 N.Y.S.2d 458, 1948 N.Y. Misc. LEXIS 3601

DecidedNovember 30, 1948

StatusPublished

This text of 193 Misc. 401 (De Stefano v. Finkelstein) 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

De Stefano v. Finkelstein, 193 Misc. 401, 84 N.Y.S.2d 458, 1948 N.Y. Misc. LEXIS 3601 (N.Y. Super. Ct. 1948).

Pincite

Opinion

Froessel, J.

Application for an order pursuant to article 78 of the Civil Practice Act reviewing the determination of the [402]*402respondents, constituting the temporary city housing rent commission, in denying petitioner’s application for a certificate of eviction.

Petitioner is the owner of a two-family dwelling in Brooklyn, New York. He occupies the five and one-half rooms on the upper floor, together with his wife, two daughters, his son, daughter-in-law and their child. A tenant occupies the lower floor with his wife and three children, one of whom is limited in her ability to walk because of infantile paralysis. Petitioner seeks to obtain possession of the lower floor for the use of his son, daughter-in-law and their child, who are residing with him. It has been held that a landlord may not evict a tenant in order to accommodate children who have established a family of. their own (Matter of Prete v. Finkelstein, 274 App. Div. 905).

Under the circumstances, the determination of the respondents is confirmed and the petition dismissed. Submit order.

Free access — add to your briefcase to read the full text and ask questions with AI

Froessel, J.

Application for an order pursuant to article 78 of the Civil Practice Act reviewing the determination of the [402]*402respondents, constituting the temporary city housing rent commission, in denying petitioner’s application for a certificate of eviction.

Petitioner is the owner of a two-family dwelling in Brooklyn, New York. He occupies the five and one-half rooms on the upper floor, together with his wife, two daughters, his son, daughter-in-law and their child. A tenant occupies the lower floor with his wife and three children, one of whom is limited in her ability to walk because of infantile paralysis. Petitioner seeks to obtain possession of the lower floor for the use of his son, daughter-in-law and their child, who are residing with him. It has been held that a landlord may not evict a tenant in order to accommodate children who have established a family of. their own (Matter of Prete v. Finkelstein, 274 App. Div. 905).

Under the circumstances, the determination of the respondents is confirmed and the petition dismissed. Submit order.

Cite This Page — Counsel Stack

Bluebook (online)

193 Misc. 401, 84 N.Y.S.2d 458, 1948 N.Y. Misc. LEXIS 3601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-stefano-v-finkelstein-nysupct-1948.

Opinion

Related

Cite This Page — Counsel Stack