U. C. L. Realty Co. v. Brown

Appellate Terms of the Supreme Court of New York

U. C. L. Realty Co. v. Brown

193 Misc. 801, 84 N.Y.S.2d 840, 1948 N.Y. Misc. LEXIS 3687

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 2, 1948

StatusPublished

Cited by6 cases

This text of 193 Misc. 801 (U. C. L. Realty Co. v. Brown) 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

U. C. L. Realty Co. v. Brown, 193 Misc. 801, 84 N.Y.S.2d 840, 1948 N.Y. Misc. LEXIS 3687 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

The landlord has failed to show that the tenant is using or occupying his apartment as a gambling house or for any illegal purpose within the purview of subdivision 5 of section 1410 of the Civil Practice'Act. Under that section the term “ use ” implies the doing of something customarily or habitually, or making a practice of doing a certain act, and the single act of the tenant alleged in this case is insufficient to warrant recovery of possession (Estate of Shaff v. Stein, 171 Misc. 376).

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Hammer, Hofstadtbr and Pécora, JJ., concur.

Pinal order reversed, etc.

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