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150 CENT. PARK SOUTH v. RITZ CARLTON VALET SERV.

276 A.D. 214 (1949)

150 Central Park South, Inc., Appellant, v. Ritz Carlton Valet Service, Inc., Respondent

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

December 20, 1949.

Attorney(s) appearing for the Case

Stephen S. Bernstein of counsel (Sidney Kant with him on the brief; McLaughlin & Stern, attorneys), for appellant.

Arthur J. W. Hilly of counsel (Isaac Goodfriend with him on the brief; Saul Bergman, attorney), for respondent.

CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur with COHN, J.; DORE J., dissents and votes to affirm, in opinion.

COHN, J.

After the expiration date of a lease, the term of which had been extended to September 30, 1947, the landlord owner of the hotel known as Hampshire House, brought this summary holdover proceeding against the tenant. It was alleged that the premises occupied by the tenant as a valet shop were sought by the landlord for its immediate and personal use (Commercial Rent Law, L. 1945, ch. 3, § 8, as amd...

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