MATTER OF RAINALDI v. GAYNOR


26 A.D.2d 830 (1966)

In the Matter of Angelo Rainaldi, Doing Business as Northwest Realty Co., Respondent, v. James W. Gaynor, as Commissioner of Housing and Community Renewal, Appellant

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

October 24, 1966


Judgment reversed on the law, with costs, petition dismissed and determination confirmed.

The Special Term's findings of fact, if any, are not affirmed. It appears that petitioner had obtained a certificate of eviction solely for the purpose of utilizing the apartment in question for his own use and occupancy. Following the tenant's removal without the initiation of an eviction proceeding, however, petitioner continued to rent the apartment to successive tenants,...

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