Spotless Stores, Inc. v. Smith

The dismissal of the summary proceedings would seem to be improper.(1) The Municipal Court found that the landlord had abandoned its intention to withdraw the housing accommodations from the rental market. This finding was unwarranted on the basis of a mere entry in the specification sheet of an application for permission to alter the building. The landlord should have been given a full opportunity to explain such entry and shew its actual significance.(2) In any event, the Municipal Court should not have decided the issue as to whether there had been an abandonment of the purpose for which…