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2 W. 32ND ST. CORP. v. LEVINE

199 Misc. 1020 (1951)

2 West 32nd St. Corporation, Landlord, Appellant, v. Jacob Levine et al., Individually and as Copartners Doing Business as Judy Lingerie Co., et al., Tenants, Respondents, and "John Doe" et al., Undertenants. 2 West 32nd St. Corporation, Landlord, Appellant, v. Charles Sudiker, Doing Business as Superior Leather Goods Repair Service, Tenant, Respondent, and "John Doe" et al., Undertenants. 2 West 32nd St. Corporation, Landlord, Appellant, v. Jack Abrams, Doing Business as Roxcy Leather, Tenant, Respondent, and Ranna Handbags, Inc., et al., Undertenants, Respondents. 2 West 32nd St. Corporation, Landlord, Appellant, v. Rubin Targovnik, Tenant, Respondent, and "John Doe" et al., Undertenants.

Supreme Court, Appellate Term, First Department.

January 18, 1951.

Attorney(s) appearing for the Case

Irving Brown and Abraham K. Kaufman for appellant.

Bernard Berger for Jack Abrams and another, respondents.

M. Mortimer Lancet for Rubin Targovnik, respondent.

SCHREIBER, J., concurs with HECHT, J.; EDER, J., dissents in opinion.

HECHT, J.

Landlord instituted summary proceedings under subdivision 5 of section 1410 of the Civil Practice Act on the ground that the premises are used by the tenant for illegal manufacture, trade or business. The record shows that for ten years the landlord has continuously let and relet the premises for the purpose of manufacturing ladies' underwear and lingerie. The present lease covered the term February...

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