[Download] "Matter Pease & Elliman v. Maurice A. Reichman" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Pease & Elliman v. Maurice A. Reichman
- Author : Supreme Court of New York
- Release Date : January 21, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The tenant has been in possession of Apartment 8N at 36 Gramercy Park East since 1943. The apartment is occupied by the tenant
and her three adult children. On the application by the landlord pursuant to section 57 of the New York City Rent, Eviction
and Rehabilitation Regulations for a certificate of eviction for the purpose of subdividing the apartment, the Commissioner
found that there were six rooms in the apartment (exclusive of kitchen and bathrooms) and consequently on the basis of occupancy
the apartment was not under-occupied. The Commissioner's finding had a reasonable basis, was neither arbitrary nor capricious,
and, moreover, was consonant with prior determinations affecting the very areas in dispute. (Matter of Mayfair-York Corp.
v. McGoldrick, 206 Misc. 925, affd. 285 App. Div. 945, mot. for lv. to app. den. 309 N. Y. 1029; Matter of Mayfair-York v.
Weaver, 13 Misc. 2d 829, affd. 9 A.D.2d 613; Matter of Evans v. Monaghan, 306 N. Y. 312, 323-4; Matter of Broadway-Amsterdam
Assoc. v. Berman, 31 A.D.2d 907.) Disposition Judgment entered March 24, 1970, which annulled a determination by the Commissioner
of the Department of Rent and Housing Maintenance denying petitioner's application for a certificate of eviction and remanded
the matter to the Commissioner for reconsideration, unanimously reversed on the law, with $50 costs and disbursements to appellants,
and the petition is dismissed.