Legal Opinion · Dissent

I. Simon Co. v. Dwake

Appellate Terms of the Supreme Court of New York

Decided March 23, 1950Published

1DissentEder, J.

Tenant and undertenants appeal from a final order awarding possession of the premises in question to the landlord.

Subdivision (c) of section 8 of chapter 314 of the Laws of 1945, as amended by section 1 of chapter 535 of the Laws of 1949, authorizes a landlord to recover possession of business space where ‘ ‘ The landlord seeks in good faith to recover possession for the immediate purpose of demolishing the building or other rental area with the intention of constructing a new building, and the plans for such construction have been approved by the proper authorities, if such approval is…

2Cases cited5 opinions

  1. Fults v. . MunroNew York Court of Appeals · 1911
  2. Eells v. . MorseNew York Court of Appeals · 1913
  3. Cannon v. GordonAppellate Terms of the Supreme Court of New York · 1944
  4. Giroux v. McCreaAppellate Division of the Supreme Court of the State of New York · 1923
  5. Smith v. LichtermanNew York Supreme Court · 1929

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