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DEMLER v. BING & BING MGMT

116 Misc.2d 793 (1982)

L. Carl Demler, Plaintiff, v. Bing & Bing Mgmt, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 31, 1982

Attorney(s) appearing for the Case

Richenthal, Abrams & Moss for Bing & Bing Mgmt, Inc., defendant. William J. Leininger for plaintiff.

STANLEY L. SKLAR, J.

THE ISSUE

The issue presented is whether a tenant has presented a justiciable claim entitling him to a "Yellowstone" injunction extending his time to cure an alleged default under his lease resulting from his use of the premises as his residence, when he is willing to pay the entire cost of amending the certificate of occupancy of the premises so as to cure the alleged default. The court holds that the tenant has...

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