Sterling v. Lapidus

This is an appeal by the tenant from the affirmance by the Appellate Term of a final order granted to the landlord in a holdover proceeding. Before discussing the problem presented we wish to express our appreciation for the assistance given this court by the parties submitting briefs, including amici curios.

We are called upon to decide whether, under the applicable Business Rent Law (L. 1945, ch. 314, as amd.), the space occupied by a physician on the street floor of a building is to be classified as a store. If it is, we must affirm; if it is not, the final order must be reversed and the…