Fifth Avenue Tenth Corp. v. Allen

Petitioner seeks an order evicting tenant from her living accommodations on the penthouse floor of No. 30 Fifth Avenue, Manhattan. The petition rests upon a claim that the continuing occupancy of the premises by respondent *81is illegal. This assertion in turn is founded upon a notice of violation filed by the Department of Buildings on November 21, 1966, reading, as far as pertinent, as follows: “ 5. The servants’ rooms in the penthouse have been changed to apartments. C26-185. ” * *

“ 5. Bestore to lawful use or obtain new certificate of occupancy. ” Bespondent contends that said violation “…