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943 LEXINGTON AVE. v. NIARCHOS

83 Misc.2d 803 (1975)

943 Lexington Avenue, Inc., Respondent, v. Melpo Niarchos, as Executrix of Boris Lovet-Lorski, Deceased, Appellant.

Supreme Court, Appellate Term, First Department.

September 24, 1975

Attorney(s) appearing for the Case

Kamerman & Kamerman (Jerome Kamerman and Philip A. Greenberg of counsel), for appellant. Leon Brickman for respondent.

FINE and FRANK, JJ., concur in Per Curiam opinion; DUDLEY, P. J., dissents in memorandum.

Per Curiam.

In this holdover summary proceeding brought by a co-operative corporation the underlying issue is the enforceability of a rent surcharge of 5% per month, commencing with the third month of default in the payment of rent, to the date of payment, adopted by resolution of petitioner's stockholders and board of directors almost 20 years after decedent had entered into possession of the demised apartment....

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