Legal Opinion

755 Third Avenue Realty Corp. v. Lustig

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1956Published

1Opinion of the CourtBreitel, J.

Tenant, a rooming-house keeper who does not reside in the premises, appeals from an order of the Appellate Term reversing a final order of the Municipal Court dismissing landlord’s petition to evict tenant.

*349The issue in the case is whether a landlord may evict a nonresident rooming-house keeper without first obtaining a certificate of eviction from the State Rent Commission under the State Residential Rent Law (L. 1946, ch. 274, as last amd.). Tenant contends that, under the provisions of the statute (§ 5, subd. 2), she may not be evicted unless there is first obtained a certificate of…

2Cases cited6 opinions

  1. People ex rel. McGoldrick v. SterlingAppellate Division of the Supreme Court of the State of New York · 1953
  2. McCoy v. McGoldrickNew York Court of Appeals · 1951
  3. Belotti v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1952
  4. Belotti v. McGoldrickNew York Court of Appeals · 1953
  5. Hurwitz v. McGoldrickNew York Court of Appeals · 1954

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