Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

MOLLY ROSEN, Landlord, Appellant, v. BENJAMIN KARP, Tenant, Respondent.

MEMORANDUM

Per Curiam.

The record here shows that the Trial Justice predicated his decision upon the landlord's failure to establish an "immediate compelling necessity" for the apartment presently occupied by the tenant. This was error, for such necessity does not apply to cases where the rent director has issued a certificate under paragraph (2) of subdivision (b) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Federal Register 13918, as amd.), as in the instant case. The only question for decision, therefore, was whether or not the certificate was being used by the landlord in good faith.

The final order should be unanimously reversed upon the law and new trial granted, with $30 costs to landlord to abide the event.

MacCRATE, SMITH and STEINBRINK, JJ., concur.

Order reversed, etc.

Use AI to get other relevant cases.

Comments

ROSEN v. KARP
(Jun 13, 1946)