Coyne v. Silvers

Full title: SAMUEL COYNE, Landlord, Appellant, v. MARTIN SILVERS et al., Tenants…

Court: Supreme Court, Appellate Term, First Department

Date published: May 28, 1946

187 Misc. 357 (N.Y. App. Term 1946)

63 N.Y.S.2d 444

Opinion

May 28, 1946.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LEWIS, J.

Arthur Richenthal and Irving M. Moss for appellant.

Leon Finley and David S. Meyer for tenants, respondents.

MEMORANDUM

Per Curiam.

The fact that the landlord desires to engage in a business similar to that conducted by the tenant does not deprive him of his right to secure possession of the premises where, as in the instant case, he establishes his good faith in seeking such possession for his immediate and personal use.

The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in petition, with costs

EDER and HECHT, JJ., concur in memorandum Per Curiam;

HAMMER, J., dissents in the following memorandum:

I dissent and vote for affirmance. Order reversed, etc.