SPOTLESS STORES v. SMITH


279 A.D. 26 (1951)

Spotless Stores, Inc., Appellant, v. Helen Smith, Respondent. (And Nine Other Cases.)

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

October 30, 1951.


Attorney(s) appearing for the Case

Paul R. Shaw of counsel (Solomon Weinstein with him on the brief; Paul R. Shaw, attorney), for appellant.

J. Howard Rossbach of counsel (Max Lerner and Lawrence J. Logan with him on the brief; J. Howard Rossbach, attorney), for respondent.

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


Per Curiam.

The dismissal of the summary proceedings would seem to be improper.

(1) The Municipal Court found that the landlord had abandoned its intention to withdraw the housing accommodations from the rental market. This finding was unwarranted on the basis of a mere entry in the specification sheet of an application for permission to alter the building. The landlord should have been given a full opportunity...

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