HEYDENRYK v. BELL


201 Misc. 139 (1951)

Henry Heydenryk, Landlord, Respondent, v. Vlademar D. Bell, Tenant, Appellant.

Supreme Court, Appellate Term, First Department.

December 14, 1951.


Attorney(s) appearing for the Case

Edgar J. Nathan, 3d, and Abraham Friedman for appellant.

Irving I. Schreckinger for respondent.

EDER and SCHREIBER, JJ., concur in Per Curiam opinion; HECHT, J., concurs in result in memorandum.


Per Curiam.

Petitioner, holder of a demise of the entire building for a term of more than twenty-one years, instituted this summary proceeding under article 83 of the Civil Practice Act to evict the tenant herein who occupies the third floor, upon the ground that he seeks to recover possession of the subject space for his own immediate and personal use. Petitioner instituted such proceeding in the belief that it was...

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