Axelrod v. 11 West 42nd Street, Inc.

Upon the authority of WMCA, Inc., v. Blockfront Realty Corp. (67 N. Y. S. 2d 867, affd. 272 App. Div. 800) the landlord, defendant-respondent herein, instituted proceed.ings against Tower Leasing Co., Inc., as tenant, and others, as subtenants, by which it was sought to oust the tenant and the subtenants from five rooms on the 13th floor of its building in Man*652hattan upon the ground that the tenant does not use or occupy the demised premises for its own business, purposes and hence is not entitled to the protection of the commercial rent laws. The summary proceedings were consolidated with an…