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BIRCHWOOD ASSOC v. STERN

88 Misc.2d 937 (1976)

Birchwood Associates, Respondent, v. Miriam Stern, Appellant.

Supreme Court, Appellate Term, Second Department.

November 8, 1976

Attorney(s) appearing for the Case

Katz, Wittenberg, Levine & Silverman (Michael S. Harris of counsel), for appellant. Harold I. Reichel for respondent.

Concur — SCHWARTZWALD, P. J., PINE and BUSCHMANN, JJ.

Per Curiam.

The judgment of the court below (see 86 Misc.2d 607) should be affirmed with $10 costs.

Defendant had vacated her apartment on November 1, 1975, although her lease did not expire until June 30, 1977. Plaintiff having rerented this apartment on February 1, 1976, is entitled to prevail on its cause of action to recover rent for November, 1975 through January, 1976.

The court below, rejecting...

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