Matter of Amorelli v. Berman

Full title: In the Matter of FRANCIS P. AMORELLI et al., Respondents, v. FREDERIC S…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 30, 1967

27 A.D.2d 670 (N.Y. App. Div. 1967)

Opinion

January 30, 1967

Judgment of the Supreme Court, Queens County, dated July 7, 1966, affirmed, without costs. No opinion.

Beldock, P.J., Ughetta and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse the judgment, with the following memorandum:

In our opinion the facts and circumstances warranted the finding of the Administrator that the subject housing accommodation constitutes a part of a multiple dwelling; he therefore properly denied the issuance of a certificate of eviction (Rent, Eviction and Rehabilitation Regulations, § 55; see Matter of Berger v. Herman, 15 A.D.2d 792; Matter of Elman v. Weaver, 9 A.D.2d 694; Matter of Cuccia v. Weaver, 9 A.D.2d 689).