HUNT v. GILMORE


198 Misc. 50 (1950)

Joseph H. Hunt, Landlord, Appellant, v. H. Farrell Gilmore, Occupant, Respondent.

Supreme Court, Appellate Term, First Department.

April 20, 1950.


Attorney(s) appearing for the Case

Benjamin Gollay for appellant.

William V. Homans and Arthur J. Homans for respondent.

Nathan W. Math, Julius Raffelson, Joseph Jay and Alfred Weinstein for Temporary City Housing Rent Commission, amicus curiæ.

HOFSTADTER and PECORA, JJ., concur.


HAMMER, J.

The landlord appeals from a final order in favor of the occupant entered in the Municipal Court, Borough of Manhattan, ninth district, after trial before the court without a jury.

The appellant-landlord brought this proceeding to recover possession of the premises herein on the ground that the occupant is an intruder (Civ. Prac. Act, § 1411, subd. 4). At the trial it was agreed that if...

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