Joseph v. Lidsky

CourtNew York City Municipal Court
Writing for the CourtGUY GILBERT RIBAUDO
Citation226 N.Y.S.2d 636,34 Misc.2d 606
Decision Date28 March 1962
PartiesMannie JOSEPH, Plaintiff, v. Betsy LIDSKY, Defendant.

Page 636

226 N.Y.S.2d 636
34 Misc.2d 606
Mannie JOSEPH, Plaintiff,
v.
Betsy LIDSKY, Defendant.
Municipal Court of City of New York, Borough of Manhattan,
Seventh District.
March 28, 1962.

Page 637

Harris Koppelman, New York City, for plaintiff.

Louis B. Brodsky, New York City, for defendant. Bruce H. Willner, Brooklyn, of counsel.

GUY GILBERT RIBAUDO, Justice.

This is an action by a landlord to recover two months' rent from the tenant as damages for failure of the tenant to give proper written notice of removal. The tenant alleges constructive eviction and interposes one counterclaim for $92.00 being the amount of security deposited with the [34 Misc.2d 607] predecessor landlord and a second counterclaim for $184.00 being two months' rent as and for the constructive eviction for the months of January and February 1961. The tenant also makes a money claim for moving expenses as an item of damage.

The tenant, a physician, was a statutory tenant in a six room apartment located in the City of New York and used as a private dwelling apartment and as a physician's office. Sometime in August 1960, the owner of an adjoining parcel of land to the north of the tenant's apartment built an extension to enlarge a store which when completed blocked the windows of the two bedrooms occupied by the tenant. Soon thereafter, the tenant filed a petition for a reduction in rent with the Rent Commission upon the grounds of loss of air and light, which petition

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was denied. However, on December 16, 1959, the Building and Housing Department in the City of New York placed a violation against the premises, Plaintiff's Exhibit 1 (3/22/62) reading as follows:

'Violation issued on 12/16/59 #36--Interior rooms unlawfully occupied for living purposes, 1st story east apt. Northeast room & 2nd room from east at north. Conform to Section 213 sub. 5 of the Multiple Dwelling Law--if lawfully feasible or discontinue for living purposes. Dismissed 4/6/61.'

In order to conform with the regulations the landlord on December 30th, 1960, gave notice to the tenant to remove the violation within ten days by discontinuing the use of the two rooms in question as bedrooms. (Defendant's Exhibit D 3/15/62.) This was a second demand upon the tenant; see Defendant's Exhibit B (3/15/62). The tenant did nothing and on February 20, 1961, her attorney sent a letter to the landlord by certified mail advising landlord that she was removing from the premises on February 28, 1961, and...

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