MATTER OF ELLENBERG v. JOY


46 A.D.2d 860 (1974)

In the Matter of Shepard Ellenberg, Respondent, v. Daniel W. Joy, as Commissioner of The Department of Rent and Housing Maintenance of the City of New York, Appellant, and Myrna Greenfield, Intervenor-Appellant

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

December 5, 1974


Appellants shall recover of petitioner-respondent $60 costs and disbursements of this appeal. It appears that petitioner previously sought and obtained a certificate of eviction for the parlor floor apartment in the subject premises. It was then indicated that that apartment was particularly suitable for petitioner's needs. No mention was made of needed space for his business or for servants. Subsequently, the tenant in the rear basement apartment voluntarily agreed to move...

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