Frank Properties, Inc. v. Kirkwood

Appellate Terms of the Supreme Court of New York

Frank Properties, Inc. v. Kirkwood

49 Misc. 2d 115, 266 N.Y.S.2d 986, 1965 N.Y. Misc. LEXIS 1795

Appellate Terms of the Supreme Court of New York·Decided June 10, 1965·Published·Cited by 1 cases

Opinion

Per Curiam.

Subdivision f (par. [1], cls. [a], [b]) of section 2 of the New York City Bent, Eviction and Behabilitation Begulations relates only to leases for entire structures or premises, as distinguished from the individual housing accommodations therein contained. The entire structure or premises at bar is the building 400 West 57th Street, New York, not the individual apartments therein contained. Moreover, the tenant resided in the premises (Matter of McCoy v. McGoldrick, 303 N. Y. 744).

The final judgment should be reversed, with $30 costs, and the petition dismissed, with costs.

■Concur — Capozzoli, J. P., Hoestadter and Hecht, JJ.

Final judgment reversed, etc.

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Per Curiam.

Subdivision f (par. [1], cls. [a], [b]) of section 2 of the New York City Bent, Eviction and Behabilitation Begulations relates only to leases for entire structures or premises, as distinguished from the individual housing accommodations therein contained. The entire structure or premises at bar is the building 400 West 57th Street, New York, not the individual apartments therein contained. Moreover, the tenant resided in the premises (Matter of McCoy v. McGoldrick, 303 N. Y. 744).

The final judgment should be reversed, with $30 costs, and the petition dismissed, with costs.

■Concur — Capozzoli, J. P., Hoestadter and Hecht, JJ.

Final judgment reversed, etc.

Frank Properties, Inc. v. Kirkwood, 49 Misc. 2d 115, 266 N.Y.S.2d 986, 1965 N.Y. Misc. LEXIS 1795 (N.Y. Ct. App. 1965).

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Opinion

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