Keller v. Coster

Appellate Division of the Supreme Court of New York

Keller v. Coster

274 A.D. 932, 83 N.Y.S.2d 751, 1948 N.Y. App. Div. LEXIS 4149

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 8, 1948

StatusPublished

Cited by1 cases

This text of 274 A.D. 932 (Keller v. Coster) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keller v. Coster, 274 A.D. 932, 83 N.Y.S.2d 751, 1948 N.Y. App. Div. LEXIS 4149 (N.Y. Ct. App. 1948).

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Opinion

In a proceeding under article 78 of the Civil Practice Act, order directing that the New York City temporary city housing rent commission issue a certificate of eviction to respondent reversed on the law, without costs, and the petition dismissed, without costs. The respondent occupies a five-room apartment, which includes three bedrooms, with his wife, three sons, and a nine-year-old daughter. Two of the boys suffer from chronic ailments; and under the present arrangements one of the boys occupies a bedroom with the nine-year-old girl. The evidence establishes the existence of considerable inconvenience in the distribution of bedroom space; but there is support for the finding of no immediate compelling necessity for eviction of the tenant in the third floor apartment. Carswell, Acting P. J., Johnston, Adel and Sneed, JJ., concur; Wenzel, J., dissents and votes to affirm the order.

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In a proceeding under article 78 of the Civil Practice Act, order directing that the New York City temporary city housing rent commission issue a certificate of eviction to respondent reversed on the law, without costs, and the petition dismissed, without costs. The respondent occupies a five-room apartment, which includes three bedrooms, with his wife, three sons, and a nine-year-old daughter. Two of the boys suffer from chronic ailments; and under the present arrangements one of the boys occupies a bedroom with the nine-year-old girl. The evidence establishes the existence of considerable inconvenience in the distribution of bedroom space; but there is support for the finding of no immediate compelling necessity for eviction of the tenant in the third floor apartment. Carswell, Acting P. J., Johnston, Adel and Sneed, JJ., concur; Wenzel, J., dissents and votes to affirm the order.

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Bluebook (online)

274 A.D. 932, 83 N.Y.S.2d 751, 1948 N.Y. App. Div. LEXIS 4149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-coster-nyappdiv-1948.

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