42 W. 15TH ST. CORP. v. FRIEDMAN


208 Misc. 123 (1955)

42 West 15th Street Corp., Landlord, Respondent, v. Theodore S. Friedman et al., Tenants, Appellants.

Supreme Court, Appellate Term, First Department.

June 14, 1955.


Attorney(s) appearing for the Case

Philip A. Paulson and Frank Moroze for appellants.

S. Sidney Heller and Otto A. Samuels for respondent.

SCHREIBER, J., concurs; HECHT, J., dissents on the authority of Wiener v. Regent Brand Clothes ().


HOFSTADTER, J.

The landlord, a corporation, which became the owner of the premises 42 West 15th Street, New York City, on February 15, 1955, instituted this summary proceeding on March 7, 1955, to recover possession of the fifth floor in the building, occupied by the tenants as statutory tenants. The tenants have been in possession since September, 1941, and conduct a printing business in which they use heavy...

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