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MATTER OF HOUS. AUTH. v. ALTIERI

24 Misc.2d 989 (1960)

In the Matter of Municipal Housing Authority, Petitioner, v. Anthony Altieri et al., Defendants.

County Court, Schenectady County.

September 28, 1960.

Attorney(s) appearing for the Case

Etkin, Egan & Stark (Philip Stark of counsel), for petitioner. Earl M. Bucci for defendants.

ARCHIBALD C. WEMPLE, J.

This motion relates to a summary proceeding brought by the petitioner to evict the defendants for nonpayment of rent. The original petition dated June 6, 1960 alleged the rental agreement, the default in payment and the holdover and possession by the tenants after default. Defendants likewise defaulted in appearing on the return date of the petition and precept. Nevertheless, due to the illness of the

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