SHORT v. GRAVES


109 Misc.2d 672 (1981)

Jeanne Short, Appellant, v. Virginia S. Graves, Respondent.

Supreme Court, Appellate Term, First Department.

July 9, 1981


Attorney(s) appearing for the Case

O'Dwyer & Bernstein (Leon Hershbaum of counsel), for appellant. Benjamin R. Kaplan for respondent.

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


Per Curiam.

Final judgment entered November 28, 1980 is affirmed, with $25 costs.

Landlord Jeanne Short owns 520 East 85th Street, New York City, a five-floor building containing eight apartments. Mrs. Short occupies the entire second floor of the building, and the apartment at issue is apartment 1-W, located on the first floor. It was stipulated between the parties that the landlord did not at any time offer the tenant of apartment 1-W a renewal lease...

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