Mesfree Realty Corporation v. Huyler's

Full title: MESFREE REALTY CORPORATION, Respondent, v. HUYLER'S, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 28, 1934

153 Misc. 667 (N.Y. App. Term 1934)

275 N.Y.S. 816

Opinion

November 28, 1934.

Appeal from the City Court of New York, County of New York.

Jerome Eisner [ Henry I. Fillman of counsel], for the appellant.

Wilzin Halperin [ Michael Halperin and Robert Morris of counsel], for the respondent.

PER CURIAM.

A lease may not be avoided by a tenant in possession solely because the landlord has failed to obtain a certificate of occupancy. Something more must be shown — a violation of some provision which directly and substantially concerns the public health, safety and welfare. ( Minton v. Schulte, Inc., 153 Misc. 195.)

Judgment and order affirmed, with costs.

All concur; present, LYDON, HAMMER and SHIENTAG, JJ.