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KOREAN CHURCH v. RACK CLUB

116 Misc.2d 849 (1982)

Korean Presbyterian South Church of New York, Petitioner, v. Rack and Ball Club, Inc., Respondent.

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

November 5, 1982

Attorney(s) appearing for the Case

Gust G. Orphanides for petitioner. Miller & Seeger (Israel G. Seeger of counsel), for respondent.

WILLIAM D. FRIEDMANN, J.

This summary proceeding seeks to remove respondent as a holdover tenant.

THE ISSUE

It places in focus whether a tenant not made a party to an in rem foreclosure proceeding has the right to remain in possession until the end of its lease term. In other words, what effect, if any, does an in rem proceeding have upon the tenant's right to possession. Does the tenant have the right as it contends here to remain under...

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