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BEN ESTATES CORP. v. GIAMPICCOLO

9 Misc.2d 191 (1957)

Ben Estates Corporation, Appellant, v. Salvatore Giampiccolo, Respondent.

Supreme Court, Appellate Term, First Department.

June 24, 1957.

Attorney(s) appearing for the Case

Emanuel Brachfeld for appellant.

Anthony Valenti and Paul Morton for respondent.

HECHT, AURELIO and TILZER, JJ., concur.

Per Curiam.

A summary proceeding based upon a certificate of eviction presupposes the landlord's right thereto as having been established to the satisfaction of the Rent Administrator (83 Ridge St. Corp. v. Schnitzer, 199 Misc. 826). The court below should not have permitted a review of the evidence upon which the landlord had based its application for the certificate of eviction.

The record does not indicate...

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