EHRENFELD v. WARD


19 Misc.2d 961 (1959)

Rosa Ehrenfeld, as Executrix of Martin Ehrenfeld, Deceased, Appellant, v. Elizabeth Ward, Respondent, et al., Undertenants.

Supreme Court, Appellate Term, First Department.

June 25, 1959.


Attorney(s) appearing for the Case

Irving Novick for appellant.

No one appearing for respondent.

STEUER and AURELIO, JJ., concur; HOFSTADTER, J., dissents on authority of Shapiro v. Collins () and Realty Associates v. Bausch ( [App. Term, 61 M. C. Feb., 1959]).


Per Curiam.

The landlord brought this proceeding to evict the tenants on the ground that the demised premises were being illegally used for single-room occupancy. It has been repeatedly held that in such a proceeding a case is not made out by merely showing the number of occupants in an apartment and the disposition of their sleeping quarters. There must be, in addition, proof that the physical layout of the apartment...

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