H. Kauffman & Sons Saddlery Co., Inc., Appellant v. Joseph Miller, Doing Business as Miller Harness Co., Respondent

Summary

The New York Court of Appeals reversed the dismissal of the plaintiff’s complaint and held that the summary‑judgment motion was improper because there is a genuine issue of the landlord’s good‑faith intent. The court explained that a landlord may dispossess a tenant only of the entire premises and must prove good faith if he later re‑lets any portion within a year, otherwise he is liable for damages.