GOLDMAN v. QUINTAVALLE


184 Misc.2d 310 (2000)

708 N.Y.S.2d 592

JANE GOLDMAN et al., as Executors of SOL GOLDMAN, Deceased, Appellants, v. DAVID QUINTAVALLE, Respondent.

Supreme Court, Appellate Term, First Department.

April 25, 2000.


Attorney(s) appearing for the Case

Judith M. Brener, New York City (Sharyn A. Tritto of counsel), for appellants.

Walter Jennings, P. C., New York City (Walter Jennings and Eugenia S. Nathanson of counsel), for respondent.

PARNESS, J. P., McCOOE and DAVIS, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Judgment entered on or about April 1, 1999 affirmed, with $25 costs.

The plaintiff landlords commenced this plenary action to recover use and occupancy allegedly due after the expiration of the defendant tenant's renewal lease on December 31, 1997. The trial evidence established, and the court, as fact finder, expressly found, that the keys to the apartment were returned...

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