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BAUMEISTER v. CASIERI

32 Misc.2d 654 (1961)

Philip Baumeister et al., Respondents, v. Josephine Casieri et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 5, 1961

Attorney(s) appearing for the Case

Alvin Goldstein for appellants. James Bostwick for respondents.

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

Per Curiam.

Since the tenants were in possession under an unexpired lease, the landlords were not entitled to maintain a holdover summary proceeding in the absence of a contractual right to terminate the tenancy before its natural expiration date (Almarine Realty Corp. v. Stern, 203 Misc. 190). The tenants were not represented by counsel at the trial; the failure to assert this defect in the landlords' case may not...

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