Ben Estates Corp. v. Giampiccolo

A summary proceeding based upon a certificate of eviction presupposes the landlord’s right thereto as having been established to the satisfaction of the Rent Administrator (83 Ridge St. Corp. v. Schnitzer, 199 Misc. 826). The court below should not have permitted a review of the evidence upon which the landlord had based its application for the certificate of eviction.

The record does not indicate that the landlord did not in fact desire tenant’s space for occupancy by a resident superin*192tendent and the verdict of the jury was contrary to the weight of the admissible evidence and should not be…