
    Mesfree Realty Corporation, Respondent, v. Huyler’s, Appellant.
    Supreme Court, Appellate Term, First Department,
    November 28, 1934.
    
      
      Jerome Eisner [Henry I. Fillman of counsel], for the appellant.
    
      Wilzin & Halperin [Michael Halperin and Robert Morris of counsel], for the respondent.
   Per Curiam.

A lease may not be avoided by a tenant in possession solely because the landlord has failed to obtain a certificate of occupancy. Something more must be shown • — • a violation of some provision which directly and substantially concerns the public health, safety and welfare. (Minton v. Schulte, Inc., 153 Misc. 195.)

Judgment and order affirmed, with costs.

All concur; present, Lydon, Hammer and Shientag, JJ.  