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KAPLAN v. KAHN

8 Misc.2d 698 (1957)

Samuel Kaplan et al., Copartnership Doing Business under the Name of Midboro Management, Plaintiffs, v. Laurence A. Kahn et al., as Executors of Clementine Sostman, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

On reargument October 18, 1957.

Attorney(s) appearing for the Case

Irving L. Kalish for plaintiffs.

Philip J. Nathan for defendants.

JOSEPH A. GAVAGAN, J.

The lease provision for use by the tenant and members of her immediate family is conclusive. Any other occupancy was permissive only and subject to the terms of paragraph 3 of the lease. Accordingly, the individual defendants are not statutory tenants nor entitled to the protection of the rent laws and the State Rent and Eviction Regulations. It is conceded that the executors are not entitled...

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