Freedman v. Leibowitz

Appellate Terms of the Supreme Court of New York

Freedman v. Leibowitz

187 Misc. 365, 63 N.Y.S.2d 441, 1946 N.Y. Misc. LEXIS 2419

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 11, 1946

StatusPublished

This text of 187 Misc. 365 (Freedman v. Leibowitz) 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

Freedman v. Leibowitz, 187 Misc. 365, 63 N.Y.S.2d 441, 1946 N.Y. Misc. LEXIS 2419 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum It is evident that the so-called immediate and personal use for which the landlord desires possession of the tenant’s store is not for the active conduct of the landlord’s business, but for the storage of material for the new building which the landlord may erect when he succeeds in evicting the overhead tenants from their dwellings above the store after August 28, 1946, on the certificate from the Office of Price Administration.

The final order should be reversed, with $30 costs, and final order directed for the tenant, with costs, without prejudice to a new proceeding.

The appeal from the order should be dismissed.

Hammeb, Shientag and Edeb, JJ., concur.

Order reversed, etc.

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