Legal Opinion
167 East 86th Street Corp. v. Wienecke
New York City Court
Decided May 28, 1928PublishedCited by 5 opinions
1Opinion of the CourtSulzberger, J.
This is a summary proceeding under Civil Practice Act, section 1410, subdivision 5. That section provides, among other things, that a tenant may be removed from real property “ where the demised premises, or any part thereof, are used or occupied * * * for any illegal trade or manufacture, or other illegal business.” It is to be observed that to make out a case it was essential for the landlord to establish that the demised premises or some part thereof was being used or occupied for some illegal trade or manufacture, or for some other illegal business. The essential facts are undisputed. The…
2Cases cited8 opinions
- Westfall v. United StatesSupreme Court of the United States · 1927
- Tenement House Department v. . McDevittNew York Court of Appeals · 1915
- Lazarowitz v. KazanCity of New York Municipal Court · 1924
- Ozark Cooperage Co. v. Quaker City Cooperage Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Broadway Central Securities Corp. v. Buchanan Restaurant Co.Appellate Division of the Supreme Court of the State of New York · 1926
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3Cited by5 opinions
- Murphy v. TraynorSupreme Court of Colorado · 1943
- 190 Stanton Inc. v. SantiagoCivil Court of the City of New York · 1969
- Lituchy v. LathersAppellate Terms of the Supreme Court of New York · 1962
- Estate of Shaff v. SteinCity of New York Municipal Court · 1939
- RRW Realty Corp. v. FloresCivil Court of the City of New York · 1999