STRIBULA v. WIEN


107 Misc.2d 114 (1980)

Stephen Stribula, Respondent, v. Victor Wien, Appellant.

Supreme Court, Appellate Term, First Department.

December 19, 1980


Attorney(s) appearing for the Case

Gary Schultze and Cassandra Bilotta for appellant. Bauman & Zublatt (Richard E. Bauman of counsel), for respondent.

Concur: TIERNEY, J. P., RICCOBONO and ASCH, JJ.


Per Curiam.

Final judgment entered June 20, 1980 reversed and petition dismissed, without costs.

Tenant took possession of subject apartment in December, 1942, allegedly as a month-to-month tenant, never having entered into a lease with the then owner of the premises. As a result of an altercation with the petitioner landlord, this holdover proceeding was commenced by a notice of petition and petition dated November 20, 1979. The petition alleges that...

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