Appellate Terms of the Supreme Court of New York, 1949

Cohen v. Walker

Cohen v. Walker
Appellate Terms of the Supreme Court of New York · Decided January 20, 1949
194 Misc. 137; 86 N.Y.S.2d 519; 1949 N.Y. Misc. LEXIS 1787

Counsel

Jack N. Blinkoff and William Altschiller for appellant., Aaron L. Moses for respondent.

Cohen v. Walker

Opinion of the Court

Per Curiam.

The tenant having been convicted of unlawful practice of dentistry in the demised premises, this was a use of the premises for an illegal purpose and entitled the°landlord to dispossess the tenant, under subdivision (b) of section 8 of chapter 3 of the Laws of 1945, as amended, and it was error to award a final order in favor of the tenant. A continuous indulgence or the commission of more than one illegal practice was not required to be shown to entitle the landlord to a final order. Subdivision (b) of section 8 imposes no such requirement.

The final order should be reversed, with $30 costs, and final order directed for landlord, as prayed for in petition, with costs.

Hammer, Eder and Hecht, JJ., concur.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.