LITUCHY v. LATHERS


35 Misc.2d 556 (1962)

Samuel Lituchy, Respondent, v. Lawrence Lathers, Appellant.

Supreme Court, Appellate Term, First Department.

June 14, 1962


Attorney(s) appearing for the Case

Levine & Cowen (Morton P. Cowen of counsel), for appellant.

Concur — HECHT, J. P., HOFSTADTER and TILZER, JJ.


Per Curiam.

The term "use" of premises for illegal purposes implies doing of something customarily or habitually upon the premises. The evidence, therefore, must reveal customary and habitual illegal use of the premises by the tenant (U. C. L. Realty Co. v. Brown, 193 Misc. 801; Florgus Realty Corp. v. Reynolds, 123 Misc. 161; Tenement House Dept. of City of N. Y. v. McDevitt, 215 N.Y. 160;

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