
    250-252 West 27th Street Corporation, Landlord, Respondent, v. Samuel Kofsky, Tenant, and Paul Kutner, Tenant and Undertenant, Appellant.
    Supreme Court, Appellate Term, First Department,
    March 27, 1947.
    
      
      Louis B. Teig for appellant.
    
      Emanuel M. Cohn for respondent.
   Shientag, J.

Subdivision (d) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315, and L. 1946, ch. 272) provides that under certain conditions a landlord may obtain possession of property if he has an equity in the property of not less than 25% of the purchase price. Subdivision (h) of section 8 provides that a person may obtain possession of the property for his own use who owns at least 90% of the stock of a corporation owning the entire premises. Subdivisions (d) and (h) must be read together. A stockholder who claims under subdivision (h) is not qualified to obtain possession unless the corporation under which he claims is itself qualified under subdivision (d) to bring a proceeding, This record shows that the landlord has not an equity of 25% in the building.

The final order should be reversed, with. $30 costs, and final order directed in favor of the said tenant and undertenant with costs.

Eder and Hecht, JJ., concur.

Order reversed, etc.  