Perotti v. Gestone

Appellate Terms of the Supreme Court of New York

Perotti v. Gestone

193 Misc. 803, 87 N.Y.S.2d 481, 1949 N.Y. Misc. LEXIS 1945

Appellate Terms of the Supreme Court of New York·Decided January 13, 1949·Published

Opinion

Per Curiam.

It was error to exclude evidence as to the good faith of the landlord in seeking possession of the premises for his immediate and personal use and occupancy.

The city rent commission certificate was not conclusive as to this (Marenghi v. Cavagnaro, N. Y. L. J., May 17,1948, p. 1838, col. 5 [App. Term, 2d Dept.]; Behl v. Leinbach, N. Y. L. J., Oct. 11, 1948, p. 753, col. 3 [App. Term, 2d Dept.]; Sosniak v. Marcus, 191 Misc. 927).

The final order should be unanimously reversed, upon the law, and new trial granted, with $30 costs to the tenant to abide the event.

Steihbrihk, Feunelly and Froessel, JJ., concur.

Final order reversed, etc.

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Per Curiam.

It was error to exclude evidence as to the good faith of the landlord in seeking possession of the premises for his immediate and personal use and occupancy.

The city rent commission certificate was not conclusive as to this (Marenghi v. Cavagnaro, N. Y. L. J., May 17,1948, p. 1838, col. 5 [App. Term, 2d Dept.]; Behl v. Leinbach, N. Y. L. J., Oct. 11, 1948, p. 753, col. 3 [App. Term, 2d Dept.]; Sosniak v. Marcus, 191 Misc. 927).

The final order should be unanimously reversed, upon the law, and new trial granted, with $30 costs to the tenant to abide the event.

Steihbrihk, Feunelly and Froessel, JJ., concur.

Final order reversed, etc.

Perotti v. Gestone, 193 Misc. 803, 87 N.Y.S.2d 481, 1949 N.Y. Misc. LEXIS 1945 (N.Y. Ct. App. 1949).

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Opinion

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