Levine v. Abrams

Breitel, J. P.

The State Bent Commission appeals from an order, at Special Term, in an article 78 proceeding, directing it to issue a certificate of eviction of a tenant in order to provide space for a resident superintendent.

The question in the case is whether there is substantial basis in the record for the Bent Commission to have refused such certificate of eviction. It declined, on the grounds that (1) the landlord was motivated by bad faith, intending only to retaliate against a tenant; and (2) the grant of a certificate, in the circumstances, would be inconsistent with the purposes of…