Childress v. Lipkis

Fein, J. (dissenting).

Appellants, tenants of loft premises at 71-33 Franklin Street, are parties to summary proceedings for eviction in Civil Court. All but one of the appellants had two-year leases dating as far back as 1975. Each alleges that at the time of moving in, substantial outlays of cash were made on the understanding that the premises would be used for residential purposes. The landlord assured them that descriptions of the premises in the leases as "artist studio” and "creating and doing business in art” were just formalities. Some of the appellants describe their premises at that…