Legal Opinion

Ballin v. Ballin

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1958Published

1Opinion of the Court

In an action by a landlord to recover rent accrued under a lease, the tenant appeals from a judgment in favor of the landlord entered after trial before the court without a jury. Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein. The use of the premises authorized under the lease was inconsistent with the last-issued certificate of occupancy and therefore was unlawful (Administrative Code of City of New York, § C26-185.0). We need…

2Cases cited5 opinions

  1. Taylor v. . GoeletNew York Court of Appeals · 1913
  2. Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
  3. Minton v. D. A. Schulte, Inc.New York Supreme Court · 1934
  4. De Angelis v. White-All Corp.Appellate Division of the Supreme Court of the State of New York · 1948
  5. Mesfree Realty Corp. v. Huyler'sAppellate Terms of the Supreme Court of New York · 1934

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