WILBER v. ABARE


138 Misc.2d 754 (1988)

Fred Wilber, Petitioner, v. Linda Abare, Respondent.

Civil Court of Oswego, Oswego County.

February 4, 1988


Attorney(s) appearing for the Case

Joseph E. Wallen for petitioner. Ronald Van Norstrand for respondent.


FRANK M. KLINGER, J.

The question presented by this case is whether the stay provided by RPAPL 751 (1), which appears to be mandatory, is of permanent duration or whether, being a "stay", it can be limited by the court to some particular period of time.

Rasch, New York Landlord & Tenant — Summary Proceedings (vol 3, § 1419, at 254 [2d ed]) regarding the analysis of RPAPL 751 (1) states...

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