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McMURRAY v. DIV. OF HOUS.

135 A.D.2d 235 (1988)

In the Matter of Frank McMurray, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents

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

February 18, 1988

Attorney(s) appearing for the Case

Robert J. Kaplan for appellant.

Daniel E. Koenig of counsel (Dennis B. Hasher, attorney), for State respondents.

Steven B. Sperber of counsel (Lindenbaum & Young, P. C., attorneys), for George Wild and another, respondents.

MURPHY, P. J., and ELLERIN, J., concur with SULLIVAN, J.; SANDLER, J., dissents in a separate opinion.

SULLIVAN, J.

The New York City Rent and Rehabilitation Law as well as its implementing regulations provide for the issuance of a certificate of eviction where a landlord seeks in good faith to recover a housing accommodation for his own personal use and occupancy or that of his immediate family because of immediate and compelling necessity, provided, however, that the tenant is not otherwise protected. In 1984...

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