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MATTER OF JIMENEZ v. COSTER

276 A.D. 457 (1950)

In the Matter of Manuel Jimenez, Respondent, v. Charles G. Coster et al., Constituting the Temporary City Housing Rent Commission of The City of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1950.

Attorney(s) appearing for the Case

Julius Raffelson of counsel (Joseph Jay and Alfred Weinstein with him on the brief; Nathan Math, attorney), for appellants.

Edward Davis of counsel (Irvin Husin and Marvin W. Levy with him on the brief; Wald Husin Miller Levy & Davis, attorneys), for respondent.

PECK, P. J., CALLAHAN and VAN VOORHIS, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to reverse in an opinion in which COHN, J., concurs.

Per Curiam.

Petitioner-respondent is required by section 83 of the Multiple Dwelling Law to have a resident superintendent in this apartment house. There is no available space therein for a resident superintendent unless one of the tenants is removed. Petitioner has applied to evict a tenant who is not in actual occupation of his apartment, but who has permitted its use by a relative by marriage. The city rent commission has denied petitioner's application...

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