[Download] "Francis Mcdonnell v. Sir Prize Contracting Corporation Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Francis Mcdonnell v. Sir Prize Contracting Corporation Et Al.
- Author : Supreme Court of New York
- Release Date : January 19, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In our opinion, the landlord failed to establish that the violation in question can be removed only by eviction of the tenant
and undertenants or that compliance with the legal requirements would be unduly burdensome or economically improvident (Matter
of K & G Co. v. Reyes, 52 Misc. 2d 606, 609; Grier v. Fenty, 13 Misc. 2d 542, 543; H.I.M. Props. Corp. v. Gross, 6 Misc.
2d 666, 668; H. Casabianca, Inc. v. Connobbio, 205 Misc. 380, 383-384). There is no dispute that the tenant and undertenants
did not create the condition which caused the violation (816 Fifth Ave. v. Purdy, 127 N. Y. S. 2d 695, 696.) It is also our
opinion that the landlord's good faith in seeking eviction under subdivision c of section 52 of the New York City Rent, Eviction
and Rehabilitation Regulations is a matter of relevant inquiry. Subdivision b of section 51 of the Regulations prohibits an
attempt to remove a tenant because he has taken action authorized by the Rent Law or the regulations. Subdivision c of section
52 may not be used as a pretext for doing what subdivision b of section 51 forbids. Disposition Order and final judgment reversed, on the law and the facts, without costs, and petition dismissed, without costs.
This determination is without prejudice to such application as the landlord may choose to make under sections 54 or 59 of
the New York City Rent, Eviction and Rehabilitation Regulations.