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PACKER v. DI MISA

67 Misc.2d 433 (1971)

Sidney Packer et al., Petitioners, v. Anthony Di Misa, Respondent.

District Court of Suffolk County, Third District.

July 6, 1971

Attorney(s) appearing for the Case

Raskin & Haas (Herbert L. Haas of counsel), for petitioners. Cuti, Marino & Gentile (Robert A. Donatelli of counsel), for respondent.

LAWRENCE NEWMARK, J.

This motion to sever the respondent's counterclaim is denied. The petitioners have taken the position that the respondent's counterclaim is unrelated to the issue of whether the petitioners are entitled to immediate possession of their property. In Janks v. Central City Roofing Co. (271 App. Div. 545), the landlord served a notice on the tenant to vacate the premises because he was...

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