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RECORD WAREHOUSES v. SCHERLO

94 Misc.2d 226 (1978)

Carlyle Record Warehouses Corp., Petitioner, v. Murray Scherlo, Doing Business as G & S Appliance Co., Respondent.

Civil Court of the City of New York, Trial Term, New York County.

April 25, 1978

Attorney(s) appearing for the Case

Galpeer, Altus, Karp & Beckerman (Aaron Karp of counsel), for petitioner. Sidney Rosen for respondent.

BURTON S. SHERMAN, J.

In this holdover summary proceeding involving a commercial premises, the landlord alleged that a five-year lease expired on May 31, 1975 and the tenant has remained on as a month-to-month tenant ever since. A 30-day notice to terminate was served in January, 1978, and the instant proceeding started.

The tenant asserted as a defense that a new five-year lease was entered into after...

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