8-10 E. 49TH ST., INC. v. SAWABINI


28 Misc.2d 507 (1960)

8-10 East 49th Street, Inc., Appellant, v. Marie E. Sawabini, Respondent.

Supreme Court, Appellate Term, First Department.

November 17, 1960


Attorney(s) appearing for the Case

William L. Messing for appellant. George M. Barakat for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The landlord in seeking to evict the tenant from the premises was entitled either to an order granting him possession of the premises or else, if the law and facts so warranted, a final order could have been entered for the tenant. The disposition by the court below wherein landlord was awarded possession of a portion of the apartment and the tenant another portion thereof was improper and without authority.

The final order should be reversed...

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