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LEXANN REALTY v. DEITCHMAN

107 Misc.2d 74 (1980)

Lexann Realty Co., Respondent, v. Barbara Deitchman, Appellant, and John Doe, Respondent.

Supreme Court, Appellate Term, First Department.

December 15, 1980

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler (Gary J. Langer and Joseph Bartfield of counsel), for appellant. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Robert D. Goldstein of counsel), for respondent.

Concur: TIERNEY, J. P., and RICCOBONO, J.; ASCH, J., dissents in a separate opinion.

Per Curiam.

Final judgment entered April 3, 1980 is modified to the extent of reducing the award of use and occupancy from $1,426.91 to $1,097.64 and, as so modified, affirmed, with $25 costs.

Tenant's lease, extended until May 19, 1982 by modification and extension of lease agreement, executed pursuant to the Rent Stabilization Law (Administrative Code of City of New York, ch 51, tit YY), prohibits tenant...

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