MATTER OF AGRESS v. BERMAN


32 A.D.2d 654 (1969)

In the Matter of Lillian S. Agress, Respondent, v. Frederic S. Berman, as Department of Rent and Housing Maintenance Commissioner, Appellant

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

May 19, 1969


Judgment reversed, on the law, without costs; proceeding dismissed; and appellant's determination confirmed.

No questions of fact have been considered. The landlords (husband and wife), together with an unmarried son and a married daughter and her husband, have been occupying the upper floor of the two-family building involved herein for many years. The landlords sought to evict the tenant from her five-room ground floor apartment for the use and occupancy of their...

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