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MTR OF HERZOG v. JOY

74 A.D.2d 372 (1980)

In the Matter of Martin Herzog, Respondent, v. Daniel W. Joy, as Commissioner of The Department of Rent and Housing Maintenance, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1980

Attorney(s) appearing for the Case

Alan W. Ginsberg of counsel (Harry Michelson, attorney), for appellant.

Joseph Gaier, P. C., for respondent.

SANDLER, J. P., ROSS, MARKEWICH and CARRO, JJ., concur.

SULLIVAN, J.

Two sisters, Marilyn and Laura, occupied an apartment at 64 MacDougal Street in New York City until 1973, when Marilyn, who had taken occupancy in 1967, married and took up a new residence. In 1972 Laura, then in high school, had moved in with her older sister. Laura is presently the sole occupant, but Marilyn, who occasionally uses the apartment to work on her art designs, continued to pay all the...

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