Byrne v. Osias

This is an appeal from an order entered April 12, 1961, denying a motion to dismiss the complaint for legal insufficiency.

The action was brought by a former statutory tenant of housing accommodations at 365 East 71st Street and business space at 1325-27 First Avenue, against the former landlord and against the purchaser of the premises. Only the purchaser of the premises is involved in this appeal.

The plaintiff-respondent’s action is based upon the claim that demolition of the premises involved and the new construction was not begun as required by the statute. Actual removal of all statutory…