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TRS. OF COLUMBIA UNIV. v. ROGALLY

281 A.D. 485 (1953)

Trustees of Columbia University in the City of New York, Appellant, v. Margaret Rogally et al., Doing Business as Academy Uniform Company, Respondents

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

April 7, 1953.

Attorney(s) appearing for the Case

Edward D. Burns of counsel (John Godfrey Saxe with him on the brief; Saxe, Bacon, O'Shea & Bryan, attorneys), for appellant.

Martin Koeppel of counsel (Adolph Koeppel with him on the brief; Martin Koeppel, attorney), for respondents.

COHN, J. P., CALLAHAN and VAN VOORHIS, JJ., concur in Per Curiam opinion; BREITEL, J., dissents in opinion.

Per Curiam.

After granting several earlier terms to the tenants, the landlord in 1949 renewed a lease for a floor in its building, 67 Barclay Street, for two years to be used for "dressmaking." The tenants continued to occupy the loft as statutory tenants after the expiration of the lease. Because the tenants employed more than five persons in their business, the premises were declared to be a factory by the public...

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