Kirschenbaum v. Finkelstein

Johnston, Acting P. J., Sneed and MacCrate, JJ., concur; Adel, J., dissents and votes to reverse, to annul the determination of the respondents, and to direct the issuance of the certificate, with the following memorandum, in which Wenzel, J., concurs: The appellant landlord is the owner of a one-family house, validly occupied as a one-family dwelling under a certificate of occupancy issued on April 21, 1942. The landlord rented the basement of the house to a tenant for use as a dwelling, and the tenant so occupies it. On February 27, 1947, the department of housing and buildings notified the…