SELF SERV. SUPER MKT. v. HARRIS


278 A.D. 227 (1951)

Self Service Super Market, Inc., Appellant, v. Benjamin Harris et al., Respondents

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

May 8, 1951.


Attorney(s) appearing for the Case

Louis Susman for appellant.

Karl Propper for Benjamin Harris, respondent.

William Bregman of counsel (Bregman & Slow, attorneys), for George Tiefer and Sam Seiderbaum, respondents.

GLENNON, J. P., DORE and SHIENTAG, JJ., concur in Per Curiam opinion; CALLAHAN and VAN VOORHIS, JJ., dissent in opinion.


Per Curiam.

A landlord of business space occupied by a statutory main tenant and the latter's statutory subtenants sought to take advantage of the limited decontrol provisions of subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314) as amended in 1949 (L. 1949, ch. 535), which so far as here applicable, are set forth below.

A landlord may recover possession where "the landlord, subject to...

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