Ross v. Jacobowitz

The action is brought in ejectment under subdivision 1 of section 231 of the Real Property Law, upon the ground that the defendant as lessee had used or occupied a part of the demised premises for an illegal business, to wit, bookmaking or gambling.

Under date of September 27, 1918, plaintiffs leased to defendant a three-story building in Syracuse, N. Y., consisting of two stores on the ground floor with lofts above. The term was for ten years, to commence May 1, 1922. There was no provision against assignment.

For some time prior to March, 1920, defendant and his son Felix were engaged in the…