Darling Shops, Inc. v. Lord's Specialty Shop, Inc.

Memorandum The court below was warranted in concluding that the landlord did not prove that it sought in good faith to recover possession of the premises for its own immediate and personal use. The addition of the phrase “ without prejudice to a renewal thereof ’ ’ had no special significance (N. Y. City Mun. Ct. Code, § 125; L. 1915, ch. 279, as amd.; Saraga v. Strauss, 208 App. Div. 66); in any event, where a landlord seeks to recover possession, an earlier decision based *340on the failure to meet the statutory requirements is a binding adjudication only as to the situation as it existed at…