Frank Properties, Inc. v. Kirkwood
This text of 49 Misc. 2d 115 (Frank Properties, Inc. v. Kirkwood) 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.
Opinion
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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Cite This Page — Counsel Stack
49 Misc. 2d 115, 266 N.Y.S.2d 986, 1965 N.Y. Misc. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-properties-inc-v-kirkwood-nyappterm-1965.