MARKESE v. COOPER


70 Misc.2d 478 (1972)

Ronald J. Markese, Petitioner, v. Jadine Cooper, Respondent.

County Court, Monroe County.

May 19, 1972


Attorney(s) appearing for the Case

Robinson, Williams, Robinson & Angeloff (Frank A. Aloi of counsel), for petitioner. Michael Nelson for respondent.


DAVID O. BOEHM, J.

The tenant appeals from the dismissal of her affirmative defense by the Rochester City Court and the granting of a warrant of eviction and judgment in the landlord's action to dispossess the tenant as a holdover. The tenant concedes that the required 30-day notice to vacate was duly and properly given and her answer sets forth that she has occupied the premises pursuant to an oral month-to-month tenancy since September, 1968.

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