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117 & 127 W. 48TH ST. CORP. v. GOULD

9 Misc.2d 414 (1957)

117 & 127 West 48th Street Corp., Appellant, v. Symon Gould, Doing Business as American Library Service, Respondent.

Supreme Court, Appellate Term, First Department.

April 4, 1957.

Attorney(s) appearing for the Case

Arthur S. Cowen for appellant.

David Sive for respondent.

STEUER and AURELIO, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.

Per Curiam.

The landlord's certificate of occupancy provides that the space occupied by the tenant may be used for office purposes. The tenant conducts a library service on the demised premises. This includes storing a large quantity of books. In 1950 the Department of Housing and Buildings served a violation on the landlord because the portion of the building occupied by the tenant was not being used in accord with...

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