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SHAPIRO v. COLLINS

12 Misc.2d 71 (1958)

Selma Shapiro, Appellant, v. Marie Collins, Respondent, et al., Undertenants.

Supreme Court, Appellate Term, First Department.

April 24, 1958.

Attorney(s) appearing for the Case

Hyman R. Shapiro for appellant.

Reuel M. Jordan for respondent.

STEUER, J. P., and HECHT, J., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.

Per Curiam.

The landlord sought to evict the tenant for illegal occupancy. It appears without successful contradiction that the tenant had leased rooms for single-room occupancy to five undertenants. This is clearly in violation of law (Multiple Dwelling Code of City of New York, § 3, subd. 5; Administrative Code of City of New York, § D26-3.0, subd. 5; Multiple Dwelling Law, § 248). The tenant introduced...

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