GIANNINI v. STUART


6 A.D.2d 418 (1958)

Mary Giannini, Respondent, v. Cynthia Stuart, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 1958.


Attorney(s) appearing for the Case

Robert H. Silk of counsel (Edward Raff, attorney), for appellant.

Milton Gelman of counsel (I. William Garfield, attorney), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK, VALENTE and STEVENS, JJ., concur.


Per Curiam.

In this holdover proceeding, the Appellate Term affirmed a final order in favor of the landlord.

Two prime questions are posed. The first is whether the petition is jurisdictionally defective; the second, whether a "Landlord's Report on Statutory Decontrol" filed with the Rent Commission is sufficient to establish that the premises are in fact decontrolled. These will be considered in inverse order...

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