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HAYTER v. GOTTHELF

26 Misc.2d 1071 (1960)

Stanley W. Hayter, Respondent, v. Sarah Gotthelf, Appellant.

Supreme Court, Appellate Term, First Department.

June 9, 1960

Attorney(s) appearing for the Case

Abraham Lebenkoff and Jules E. Coven for appellant. Paul F. Starace for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

Although there appears to be on record a vacate order issued by the Department of Housing and Buildings, dated June 24, 1954, the building has been occupied without further action being taken by said department. Moreover, the report of a building inspector dated October 11, 1959 contains a statement: "Building is in good repair". Since the landlord and his agent entered into a lease for the premises...

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