METRO. LIFE INS. CO. v. CARROLL


43 Misc.2d 639 (1964)

Metropolitan Life Insurance Company, Appellant, v. William J. Carroll et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 28, 1964


Attorney(s) appearing for the Case

Carb, Luria, Glassner & Cook (Bernard B. Sumliner of counsel), for appellant.

HOFSTADTER and HECHT, JJ., concur.


GEORGE TILZER, J. P.

A holdover summary proceeding was instituted in the court below upon the ground that the tenants held over and continued in possession of Apartment MD at 280 First Avenue, without the permission of the landlord after the expiration of the tenants' term. The tenants interposed an answer which, in addition to demanding a trial by jury, contained an affirmative defense stating in substance that the landlord refused to renew the lease...

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