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Appellate Terms of the Supreme Court of New York, 1944

Cathway Realty Corp. v. Minnie Smith, Inc.

Cathway Realty Corp. v. Minnie Smith, Inc.
Appellate Terms of the Supreme Court of New York · Decided December 14, 1944
183 Misc. 990; 53 N.Y.S.2d 76; 1944 N.Y. Misc. LEXIS 2798

Counsel

Robert E. Perin and Joseph E. Greenberg for landlord-appellant and respondent., Henry Laufbahn for tenant-respondent and appellant.

Cathway Realty Corp. v. Minnie Smith, Inc.

Opinion of the Court

Memorandum

Per Curiam.

The record sustains the finding of the trial court that the tenant violated the covenants of the lease, which justified the landlord in its cancelation. In view of the fact that the apartment in question was rented as an office and the tenant subdivided the apartment and rented part thereof to lodgers, in violation of the express covenant of the lease, the rent regulations have no application.

The final order should be modified by awarding the landlord possession of the entire premises, and as modified affirmed, with $25 costs to the landlord.

Hammer, Shientag and Hecht, JJ., concur.

Ordered accordingly.

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