Pontello v. O'Shea

I vote to affirm the final order in favor of the tenant.

I am unable to concur in the ruling of the Appellate Term, Second Department, in Cottrell v. Eross (198 Misc. 859).

The Cottrell case holds that where (as here) a summary proceeding is based upon a certificate issued by the State Rent Administrator that the landlords seek in good faith possession of the housing accommodations because of immediate and compelling necessity for his own personal use and occupancy, in such summary proceeding to recover possession the question of the landlord’s good faith and compelling necessity is not before…