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ROSEFAN CONSTR. v. SALAZAR

114 Misc.2d 956 (1982)

Rosefan Construction Corp., Petitioner, v. Rose I. Salazar et al., Respondents.

Civil Court of the City of New York, Queens County.

July 15, 1982

Attorney(s) appearing for the Case

Grossman, Zafrin, Weiss & Kozupsky (Allen H. Weiss of counsel), for petitioner. Gellis & Melinger (Jan Ira Gellis of counsel), for respondents.

MAURICE HARBATER, J.

ISSUES

May the executor of the estate of a deceased rent-stabilized tenant stand in the same shoes as his testator, with the same right to assign the unexpired residential lease? Or, does section 226-b of the Real Property Law and its most recent interpretation by the appellate courts repeal, abrogate or modify the effects of the older statute, section 236 of the Real Property Law, regarding the assignment of a lease of...

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