Confederated Properties, Inc. v. Nosek

The landlord in this case sought in the Municipal Court an order of eviction against the tenant upon the ground that the tenant occupied commercial space which the landlord required for its own use. The Municipal Court dismissed the petition on the merits and granted a final order for the tenant upon a finding that the space occupied by the tenant was predominantly residential and that the landlord was not acting in good faith. The Appellate Term, by a divided court, reversed and directed a final order for the landlord upon a finding that the premises were predominantly commercial, the…