Silverman v. Newgold

Appellate Terms of the Supreme Court of New York

Silverman v. Newgold

35 Misc. 2d 180, 232 N.Y.S.2d 133, 1962 N.Y. Misc. LEXIS 3519

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 12, 1962

StatusPublished

This text of 35 Misc. 2d 180 (Silverman v. Newgold) 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

Silverman v. Newgold, 35 Misc. 2d 180, 232 N.Y.S.2d 133, 1962 N.Y. Misc. LEXIS 3519 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

The removal of the tenant from the hotel apartment No. 419, which was controlled, to decontrolled apartment No. 722, was for the benefit and convenience of the landlord. The tenant continued to be a statutory tenant and entitled to the protection of the Emergency Housing Rent Control Law (L. 1946, ch. 274, as amd.). A statutory tenant may not be evicted by reason of the termination of the prime tenant’s lease. (McDonald v. Hector, 113 N. Y. S. 2d 64 [App. Term, 1st Dept.] ; Harwyn Dress Corp. v. International Dress Co., 147 N. Y. S. 2d 254; 610 West End Co. v. Cohen, 19 Misc 2d 130.)

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Concur — Hofstadter, J. P., Gold and Capozzoli, JJ.

Pinal order reversed, etc.

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Per Curiam.

The removal of the tenant from the hotel apartment No. 419, which was controlled, to decontrolled apartment No. 722, was for the benefit and convenience of the landlord. The tenant continued to be a statutory tenant and entitled to the protection of the Emergency Housing Rent Control Law (L. 1946, ch. 274, as amd.). A statutory tenant may not be evicted by reason of the termination of the prime tenant’s lease. (McDonald v. Hector, 113 N. Y. S. 2d 64 [App. Term, 1st Dept.] ; Harwyn Dress Corp. v. International Dress Co., 147 N. Y. S. 2d 254; 610 West End Co. v. Cohen, 19 Misc 2d 130.)

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Concur — Hofstadter, J. P., Gold and Capozzoli, JJ.

Pinal order reversed, etc.

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Bluebook (online)

35 Misc. 2d 180, 232 N.Y.S.2d 133, 1962 N.Y. Misc. LEXIS 3519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverman-v-newgold-nyappterm-1962.

Opinion

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