Loeb v. Greco

Appellate Terms of the Supreme Court of New York

Loeb v. Greco

166 Misc. 555, 2 N.Y.S.2d 821, 1938 N.Y. Misc. LEXIS 1350

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 27, 1938

StatusPublished

This text of 166 Misc. 555 (Loeb v. Greco) 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

Loeb v. Greco, 166 Misc. 555, 2 N.Y.S.2d 821, 1938 N.Y. Misc. LEXIS 1350 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

Proof of the presence on the tenant’s premises on one occasion of a stranger, subsequently convicted of illegally possessing policy slips, all of which was without the tenant’s knowledge, does not in itself show a condition of permanence and is insufficient to establish use and occupation for an illegal business so as to warrant the summary removal of the tenant.

Final order reversed, with ten dollars costs, and final order awarded the tenant dismissing the petition on the merits, with costs.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Per Curiam.

Proof of the presence on the tenant’s premises on one occasion of a stranger, subsequently convicted of illegally possessing policy slips, all of which was without the tenant’s knowledge, does not in itself show a condition of permanence and is insufficient to establish use and occupation for an illegal business so as to warrant the summary removal of the tenant.

Final order reversed, with ten dollars costs, and final order awarded the tenant dismissing the petition on the merits, with costs.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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Bluebook (online)

166 Misc. 555, 2 N.Y.S.2d 821, 1938 N.Y. Misc. LEXIS 1350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loeb-v-greco-nyappterm-1938.