Bakter v. Mimmo

As shown by the certificate of occupancy, and as provided by New York City Charter (§ 646 and subdivisions) and the provisions of Administrative Code of the City of New York (§ C26-181.0 et seq.; § C26-184.0 et seq.), the partition by the tenant of the jewelry store and the converting of the rear portion thereof into a dwelling (Multiple Dwelling Law, § 4, subd. 4) and his occupancy thereof as such dwelling constituted an illegal use (47 East 74th St. Corp. v. Simon, 188 Misc. 885; Wack v. Boutin, 81 N. Y. S. 2d 281), and furnished grounds for recovery by landlord of possession under Business…