Rosel Stations, Inc. v. James

This is a summary proceeding by the lessee of the entire building known as 223 West 66th Street, Manhattan, New York City, to evict the statutory tenants of the basement floor in said building. The landlord is proceeding under subdivision 5 of section 1410 of the Civil Practice Act and contends that the use and occupancy of the basement by the tenants is contrary to the use permitted by the certificate of occupancy and is therefore illegal.

The parties stipulated as follows: £ £ The building is located in an unrestricted area. On appropriate application to the Board of Standards and Appeals a…