Kinsch v. A. Flohr Realty Corp.

Motion to dismiss complaint on the ground that it does not set forth facts sufficient to constitute a cause of action. The cause of action is predicated on subdivision (d) of section 8 of the emergency Commercial Rent Law (L. 1945, ch. 3, as amd.).

This enactment declares that a tenant may not be removed unless: “(d) The landlord owned or acquired an enforceable right to buy or take possession of the building or other rental area on or before January twenty-fourth, nineteen hundred forty-five and seeks in good faith to recover possession of the commercial space for his immediate and personal…