MATTER OF CAPONE v. WEAVER


7 A.D.2d 1004 (1959)

In the Matter of Leonard Capone, Appellant, v. Robert C. Weaver, as State Rent Administrator, Respondent, and John Miller, Intervenor-Respondent

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

March 9, 1959


On January 10, 1955 the application for the certificate was granted on condition that appellant offer to respondent Miller a two-year lease of the third-floor apartment then occupied by appellant. The term commenced, under the ensuing lease, in fulfillment of the condition, on April 14, 1955, at which time appellant quit possession of the third-floor apartment. Appellant had been continuously in occupancy of that apartment, without original recourse to a certificate of eviction...

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