SYLVESTER v. BERNSTEIN


283 A.D. 333 (1954)

Marie Sylvester, Individually and as Surviving Executrix of Margherita Sylvester, Deceased, Respondent, v. Walter Bernstein et al., Appellants

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

February 16, 1954.


Attorney(s) appearing for the Case

William L. Messing for appellants.

Millard E. Theodore for respondent.

DORE, J. P., CALLAHAN, BOTEIN and BERGAN, JJ., concur.


BREITEL, J.

The question is whether tenants may be evicted in ejectment and be liable for damages because of fraudulent representations made by them in obtaining a commercial apartment for their residential use. Their statements were allegedly made in order to circumvent regulated residential rents. Landlord brings the action after the tenants had successfully recovered in another action excess rent over the maximum...

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