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MATTER OF MAGIER v. JOY

105 Misc.2d 434 (1980)

In the Matter of David Magier, Doing Business as Harlington Realty Co., Petitioner, v. Daniel W. Joy, as Commissioner of Office of Rent and Housing Maintenance, Respondent.

Supreme Court, Special Term, New York County.

September 8, 1980.

Attorney(s) appearing for the Case

Sidamon-Eristoff, Morrison, Warren, Ecker & Schwartz (Michael A. Schwartz of counsel), for petitioner. Harry Michelson and Arthur Kass for respondent.

BENTLEY KASSAL, J.

Is the tenant a necessary party in a CPLR article 78 proceeding which seeks an order authorizing his eviction? Since neither party herein, the landlord or the city rent control office has served the tenant, I am considering this issue sua sponte.

FACTS

The facts with respect to the above issue are relatively simple. In June, 1979, the landlord applied to the Office of Rent Control of the City of New York for...

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