28 MOTT ST. CO. v. SUMMIT IMP.


34 A.D.2d 144 (1970)

28 Mott Street Co., Inc., Respondent, v. Summit Import Corporation, Appellant

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

April 30, 1970.


Attorney(s) appearing for the Case

Solomon Millendorf for appellant.

Morris Rosoff of counsel (Rosoff & Rosoff, attorneys), for respondent.

STEVENS, P. J., EAGER and MARKEWICH, JJ., concur in Per Curiam opinion; McGIVERN and STEUER, JJ., dissent and vote to affirm the determination of the Appellate Term on the opinion of that court.


Per Curiam.

This appeal is from an order of Appellate Term, which unanimously reversed a final judgment of the Civil Court dismissing the petition in a holdover proceeding, and directed judgment in favor of petitioner-respondent landlord and the issuance of a final order against respondent-appellant tenant. The landlord instituted the proceeding by service of a 30-day notice as required by section 232-a of the Real...

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