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Grier v. Fenty

13 Misc. 2d 542, 164 N.Y.S.2d 891, 1957 N.Y. Misc. LEXIS 2822
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 24, 1957
StatusPublished
Cited by2 cases

This text of 13 Misc. 2d 542 (Grier v. Fenty) 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
Grier v. Fenty, 13 Misc. 2d 542, 164 N.Y.S.2d 891, 1957 N.Y. Misc. LEXIS 2822 (N.Y. Ct. App. 1957).

Opinion

Per Curiam.

The issuance of a violation against the premises as such, and the landlord’s proof in relation thereto, was insufficient to establish illegality of this tenant’s occupancy. In any event, the condition was one created by the present landlord or his predecessor. Since the testimony disclosed that all that might be necessary was the approval of these alterations or the filing of plans pertaining thereto, the landlord could not maintain the proceeding except under section 51 of the State Rent and Eviction Regulations, by procuring a certificate of eviction.

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

Concur — Hecht, Aurelio and Tilzer, JJ.

Final order reversed, etc.

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Related

McDonnell v. Sir Prize Contracting Corp.
32 A.D.2d 660 (Appellate Division of the Supreme Court of New York, 1969)
K & G Co. v. Reyes
52 Misc. 2d 606 (Civil Court of the City of New York, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
13 Misc. 2d 542, 164 N.Y.S.2d 891, 1957 N.Y. Misc. LEXIS 2822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grier-v-fenty-nyappterm-1957.