Majority
p. 716Teborn Realty Corp., Respondent, v. Moritz Goldstein, Tenant, and Moritz Goldstein Travel Agency, Inc., Tenant-Appellant, et al., Undertenant. Supreme Court, Appellate Term, First Department, December 13, 1956.
Harris Koppelman for appellant.
Harry M. Krokow for respondent.
Petitioner’s proof upon the trial failed to establish as required by the statute (Business Rent Law [L. 1945, ch. 314, as amd.], § 8, subd. [d], par. [1]) that a “ person ” consisting of a stockholder owning at least 90% of the corporate stock of the owner, of the property, in which the business space is sought, seeks same for his own immediate and personal uses. The cases of Berk-Fink Realty Co. v. Goldman ( 87 N. Y. S. 2d 345 ) and Berk-Fink Realty Co. v. Stopnitsky ( 90 N. Y. S. 2d 182 ) are controlling.
The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.
, Hopstadtee, Aubelio and Tilzeb, JJ., concur.
Final order reversed, etc.