Six-Ten Corp. v. Oppell

Appellate Terms of the Supreme Court of New York

Decided June 25, 1945

Appellate Terms of the Supreme Court of New York · decided 1945-06-25

Relies on Nordred Realties, Inc. v. Langley

Good law ✅— No negative treatment on recordhow we know

Decided 1945-06-25

How this case has been cited

Cited by 9 later decisions — most recently October 1970

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Memorandum Per Curiam.

¶1The tenant’s occupancy of the basement apartment is in violation of láw. It thus became the duty of the landlord, after due notice from the Department of Housing and Buildings of the City of New York, to remove the tenant (Multiple Dwelling Law, § 216; Nordred Realties, Inc., v. Langley, 279 N. Y. 636). The fact that the landlord’s predecessor in title permitted the occupancy under a lease is not binding on the present landlord, nor may it override the provisions of law.

¶2The final order should be reversed, and final order awarded to petitioner for possession of the premises described in the peti*629tion, with costs, without prejudice to application for stay under section 1436-a of the Civil Practice Act.

¶3Hammeb, Shientag and Edeb, JJ., concur.

¶4Order reversed, etc.