MATTEO v. GINGER ESTATES


94 Misc.2d 302 (1978)

Ellin C. Matteo, Petitioner, v. Ginger Estates, Inc., Respondent.

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

April 25, 1978


Attorney(s) appearing for the Case

McLaughlin & Stern, Ballen & Miller (Stephen S. Berstein and Dennis G. Mandell of counsel), for respondent. Fox & Levy (Ronald W. Levy of counsel), for petitioner.


BURTON S. SHERMAN, J.

The tenant respondent has moved prior to trial to dismiss this summary holdover proceeding which is based upon an alleged forfeiture and termination of a long term net lease. The question to be determined is said to be jurisdictional, namely whether a forfeiture and termination can be declared by only one of the colandlords and lessors of the premises.

The colandlords are two sisters, Ellin Matteo and Elaine Montgomery. They...

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