The New York herald., 1922-04-02
LANDLORD WINS In
PROHIBITION CASE
Gets Dispossess Against Ten
ant in Violation Of Mullan-
Gage Law.

A decision OF paramount interest bota
to landlords and tenants was rendered
by Justice Aaron ]. Levy in the Fifth
District Municipal Court on March %
when lie held that violation of the Null
lan-Gage act tthe State prohibition
statute) by the tenant or his agents was
sufficient cause for an action TO dis
posses. despite the existence OF lease
with a considerable term to run.
Though several actions OF similar
nature have been brought under the
provisions Of the Mullan-Gage law. t'lis
Is the first occasion on which land
lord was granted a dsposses. All tie
other cases were decided in favor of ,ha
tenant.
The action was brought by the Bleeh-
man Realty Company. Inc, as landlord.
against Patrick Devine. the tenant of
the store at tfa southeast corner OF
Amsterdam avenue and Ninety eighth
street. The case was tried before Judg
Levy on January 80, Maurice BranGt
and George Cohen of the firm Of Seeay.
Cohen & Brandt appearing for the land
lord.
The court at the conclusion OF tn +,
trial reserved decision and asked taa
attorneys TO file briefs, witch We're
served on March 2. After studying them
for twenty days Judge Levy decided in
favor of the landlord and ordered De-
vine dispossesscd.
The complaint Of the Blechman Realty
Company was based on the provisions
OF the Mullan-Gage act, which make it
illegal to sell intoxicating liquors and
the further provisions OF that act which
fix liability on the landlord for permit
Ing his property to be SO used. The al
legation was made and upheld that on
several different occasions employees of
Devine while In his store sold and had
In their possession Intoxicating liquors
and were arrested and convicted for vio-
! lations Of the prohibition laws. The
! landlord also showed that on several OF
these occasions the Police Department
notified the company that 1t would be
held liable under the provisions of the
law. which declare:
IF a person has knowledge or reason
to believe that his room, house, building,
boat or vehicle. structure or place is oc-
cupied or used for the manufacture or
sale of such liquor contrary to the pro-
visions Of this article q. e.. Mullan-Gage
act) and suffers the same to be so oc-
cupied or used, such room. house, build
ing. boat, vehicle structure or place
shall be subject to a lien for and may
be sold to pay all fines and costs as
sessed against the person guilty of such
nuisance for such violation. and any
such lien may be enforced by action in
any court having jurisdiction"
The evidence OF the Illegal possession
and sale of liquor was so complete that
at the conclusion OF the trial Judge
Levy. though reserving decision, de-
c,ared:
Although there is no testimony OF
direct conviction OF this tenant for any
Of the acts charged. still the chain OF
circumstances shown by the landlord
seems far more damning than any d.
rect evidence could be-"
Important to realtors is the conten-
tion OF the landlord that the law fixing
penalty for permitting an illegal bust
ness must permit the landlord the re-
dress of eviction despite the existence
of lease. In this case there was
lease entered into on October 81, 1921,
for term Of eight and one-half years
at an aggregate rental OF $4,000.