EL KAM REALTY v. KAYTOR


99 Misc.2d 1080 (1979)

El Kam Realty Co., Petitioner, v. Marilyn Kaytor, Respondent.

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

June 18, 1979


Attorney(s) appearing for the Case

Finkelstein, Schwartz & Goldstein, P. C. (Robert Goldstein of counsel), for petitioner. Berger, Kramer & Sugarman (Robert Sugarman of counsel), for respondent.


RICHARD S. LANE, J.

Can a partnership have a mother?

Landlord partnership has brought on this holdover proceeding seeking possession for the personal use and occupancy of the mother of one of the partners pursuant to subdivision (b) of section 54 of the Rent Stabilization Code. Tenant moves to dismiss on two grounds:

(1) The court lacks subject matter jurisdiction since landlord has failed to exhaust its administrative remedies (tenant...

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