Appellate Division of the Supreme Court of New York, 1967

Amorelli v. Berman

Amorelli v. Berman
Appellate Division of the Supreme Court of New York · Decided January 30, 1967
27 A.D.2d 670; 278 N.Y.S.2d 582; 1967 N.Y. App. Div. LEXIS 4952
Amorelli v. Berman

Opinion of the Court

Judgment of the Supreme Court, Queens County, dated July 7, 1966, affirmed, without costs. No opinion. Beldoek, P. J., Ughetta and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse the judgment, with the following memorandum: In our opinion the facts and circumstances warranted the finding of the Administrator that the subject housing accommodation constitutes a part of a multiple dwelling; he therefore properly denied the issuance of a certificate of eviction (Rent, Eviction and Rehabilitation Regulations, § 55; see Matter of Berger v. Herman, 15 A D 2d 792; Matter of Elman v. Weaver, 9 A D 2d 694; Matter of Cuccia v. Weaver, 9 A D 2d 689).

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