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930 FIFTH CORP. v. KING

40 A.D.2d 140 (1972)

930 Fifth Corporation, Appellant, v. Wilma V. King, Respondent

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

December 7, 1972.

Attorney(s) appearing for the Case

Edward N. Costikyan of counsel (Jay G. Safer with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

Robert E. Dizak of counsel (Newman, Aronson & Neumann, attorneys), for respondent.

STEVENS, P. J., McGIVERN, NUNEZ, TILZER and CAPOZZOLI, JJ., concur.

Per Curiam.

Petitioner appeals by leave of the Appellate Term from an order of the Appellate Term entered May 2, 1972, in New York County, which affirmed (one Justice dissenting) a final judgment of the Civil Court entered October 19, 1970 (DANIEL M. KELLY, J.) dismissing its petition on the merits, after trial.

Petitioner landlord instituted a summary proceeding to evict respondent from an apartment occupied...

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