Opinion
January 30, 1950.
In a proceeding pursuant to article 78 of the Civil Practice Act, the temporary city housing rent commission appeals from an order annulling its determination, which denied respondents' application for a certificate for the eviction of a tenant from housing accommodations, and directing it to issue such certificate. Order reversed on the law and the facts, without costs, and petition dismissed, without costs. The building involved is a two-family house in Brooklyn which was purchased by the respondent Thomas Santoro on May 1, 1948, for the undisputed purpose of affording housing accommodations for himself and his parents, the other respondents. At the time of closing of title, the purchaser gave a lease for a period of two years for one of the apartments to the tenant thereof, who is the son of the seller, in pursuance of a provision of the contract of sale to such effect. The certificate was then sought for the other apartment. The finding of appellants that the granting of the lease established an absence of good faith on the part of the purchaser was not capricious, arbitrary or unreasonable. (Cf. Matter of Keller v. Finkelstein, 274 App. Div. 890; Matter of O'Neill v. Finkelstein, 275 App. Div. 720, and Matter of Minio v. Finkelstein, 275 App. Div. 964.) Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.