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N. R. M. GARAGE CORP. v. FEIG GARAGE CORP.

279 A.D. 126 (1951)

N. R. M. Garage Corp., Respondent, v. Morris Feig Garage Corp., Appellant. (Two Proceedings.)

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

November 13, 1951.

Attorney(s) appearing for the Case

Samuel Shapiro of counsel (Isidore Cohen, attorney), for appellant.

Sidney G. Madenberg for respondent.

PECK, P. J., and SHIENTAG, J., concur with VAN VOORHIS, J.; DORE, J., dissents and votes to reverse the determination of the Appellate Term and the final and intermediate orders of the Municipal Court, in opinion; COHN, J., concurs in the result reached by DORE, J., in his dissenting opinion.

VAN VOORHIS, J.

The landlord-respondent, being a lessee under a written lease for a term of twenty-one years, has obtained a dispossess order in summary proceedings upon the ground that it seeks in good faith to obtain possession of the demised commercial space for its immediate and personal use (Commercial Rent Law, § 8, subd. [d], par. [2]). Appellant is a statutory tenant in possession at the commencement...

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