Caroselli v. McGoldrick

This is an application by the landlord-petitioner, pursuant to article 78 of the Civil Practice Act, to review the determination of the respondent commission which revoked a certificate of eviction which had been previously granted to petitioner.

The petitioner owns a two-family house in which the tenant occupies the upper floor apartment. The lower floor is occupied by the landlord, his family and the immediate family of his married daughter. In October, 1951, the petitioner applied to the rent commission for a certificate of eviction, seeking to *308obtain the tenant’s six-room apartment for…