Summary
holding that unlawful practice of denistry constitutes an illegal purpose
Summary of this case from Syme v. Marks Rentals, Inc.Opinion
January 20, 1949.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, TONEY, J.
Jack N. Blinkoff and William Altschiller for appellant.
Aaron L. Moses for respondent.
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.