Ognibene v. Joy

Appellate Division of the Supreme Court of New York

Ognibene v. Joy

52 A.D.2d 585, 382 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 12174

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

DecidedApril 5, 1976

StatusPublished

This text of 52 A.D.2d 585 (Ognibene v. Joy) 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

Ognibene v. Joy, 52 A.D.2d 585, 382 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 12174 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent commissioner, dated April 9, 1975, which, after a hearing, affirmed an order of the District Rent and Rehabilitation Director, which granted a certificate of eviction authorizing the respondent landlords to pursue their remedies at law to evict petitioner from her apartment, petitioner appeals from so much of a judgment of the Supreme Court, Kings County, entered September 19, 1975, as dismissed the proceeding. Judgment affirmed insofar as appealed from, without costs or disbursements. The respondent landlords established that they seek in good faith to recover possession of petitioner’s apartment, "because of immediate and compelling necessity”, for the use of their two sons (see Rent, Eviction and Rehabilitation Regulations of the Housing and Development Administration, § 55; Matter of Agress v Berman, 32 AD2d 654). Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent commissioner, dated April 9, 1975, which, after a hearing, affirmed an order of the District Rent and Rehabilitation Director, which granted a certificate of eviction authorizing the respondent landlords to pursue their remedies at law to evict petitioner from her apartment, petitioner appeals from so much of a judgment of the Supreme Court, Kings County, entered September 19, 1975, as dismissed the proceeding. Judgment affirmed insofar as appealed from, without costs or disbursements. The respondent landlords established that they seek in good faith to recover possession of petitioner’s apartment, "because of immediate and compelling necessity”, for the use of their two sons (see Rent, Eviction and Rehabilitation Regulations of the Housing and Development Administration, § 55; Matter of Agress v Berman, 32 AD2d 654). Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.2d 585, 382 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 12174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ognibene-v-joy-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack