Rex Building & Engineering Corp. v. Adinolfi — 277 A.D.2d 1021

Majority

p. 1021

Rex Building & Engineering Corp., Appellant, v. Alfonso Adinolfi, Doing Business as M & A Coat Co., Respondent.

Upon the. merits we find that the. determination o£ the, Appellate Term was warranted upon the facts. While we agree that the tenant is a statutory tenant, in so holding we do not pass upon the question as to whether he was subject to the provisions of the emergency rent law applying to tenants holding possession after the termination of a graduated lease. Determination unanimously affirmed, with costs to the respondent. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.