MATTER OF 178TH ST. REALTY CORP. v. COSTER


276 A.D. 153 (1949)

In the Matter of 178th St. Realty Corp., Respondent, v. Charles G. Coster et al., Constituting The Temporary City Housing Rent Commission of the City of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.


Attorney(s) appearing for the Case

Julius Raffelson of counsel (Joseph Jay, Alfred Weinstein and Cyril L. McDermott with him on the brief; Nathan W. Math, attorney), for appellants.

Louis B. Frutkin for respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The record does not show with any degree of clarity or definiteness what arrangements the tenant made concerning the use and occupancy of the demised premises, in violation of the terms of the lease, by strangers to the lease, or what the tenant received therefor, and when, if at all, such unauthorized user was terminated. Nor does the record contain any finding by the commission with respect to such controverted...

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