Harnick v. Jawitz

Landlord appeals by permission from determination of the Appellate Term which reversed a final order of the Municipal Court granting possession of the premises to landlord. Appellate Term granted a new trial.

In. the proceeding landlord seeks to obtain possession of the premises for Ms own use pursuant to the provisions of the Business Bent Law (L. 1945, ch. 314, § 8, subd. [d], as amd. by *231L. 1952, ch. 417). Under the provisions of the statute, the landlord who seeks possession must, in addition to establishing his good faith in requiring possession of the business space for his immediate and…