Cirella v. Joy

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the respondent Commissioner.

The trial court’s reliance on Beer v Walters (118 Misc 2d 630) was misplaced, because Beer is not applicable to either tenants in common or rent-controlled situations.

The matter must be remitted, however, because the Laws of 1984 (ch 234) added the requirement that an owner seeking to recover an apartment for personal use prove an immediate and compelling necessity for it and he has not yet done so. Chapter 234 became effective on June…