Edwards v. Edwards , 11 Misc. 2d 873 ( 1958 )

Per Curiam.

In the light of tenant’s willingness to take over the entire third-floor accommodation upon landlord’s necessary alterations thereof to a single seven-room unit, there is no showing of any necessity to evict the tenant. This determination is without prejudice to an application by landlord to apply to the Bent Administrator to fix a new rental for the entire third-floor unit.

The final order should be modified without prejudice to an application by landlord to the Bent Administrator to fix the rent for the newly created third-floor unit and as modified affirmed, without costs.

Hofstadter, J. P., Steuer and Aurelio, JJ., concur.

Final order modified, etc.