Berlinrut v. Leventhal

Judgment, Supreme Court, New York County, entered on January 23, 1973, dismissing the landlord’s petition, unanimously reversed, on the law and the facts, and vacated, without costs and without disbursements. Respondent’s determination is annulled and respondent is directed to issue the requested certificate of eviction. A certificate of eviction had been granted petitioner-appellant. We find no justification for the revocation of the certificate upon the stated ground of lack of good faith. The owner is not required to occupy an apartment that is not controlled and thus diminish his income…