Lieberman v. Stern

This action by landlord against tenant is brought for a declaratory judgment that defendant’s lease of the building, containing less than twenty-five rooms, is terminated, that plaintiff is entitled to constructive possession of the demised premises, that defendant surrender constructive possession of said premises forthwith, except for one apartment occupied by him in the building, that a reasonable rental for said apartment be fixed and defendant be constrained from collecting any further rentals from the subtenants; and plaintiff moves for an order striking out the answer as sham and…