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Cohen v. Walker
194 Misc. 137
N.Y. App. Term.
1949
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Per Curiam.

The tenant having been convicted of unlawful practice of dentistry in the demised premises, this was a use of the premises for an illegal purpose and entitled the°landlord to dispossess the tenant, under subdivision (b) of section 8 of chapter 3 of the Laws of 1945, as amended, and it was error to award a final order in favor of the tenant. A continuous indulgence or the commission of more than one illegal practice was not required to be shown to entitle the landlord to a final order. Subdivision (b) of section 8 imposes no such requirement.

The final order should be reversed, with $30 costs, and final order directed for landlord, as prayed for in petition, with costs.

Hammer, Eder and Hecht, JJ., concur.

Final order reversed, etc.

Case Details

Case Name: Cohen v. Walker
Court Name: Appellate Terms of the Supreme Court of New York
Date Published: Jan 20, 1949
Citation: 194 Misc. 137
Court Abbreviation: N.Y. App. Term.
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