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RUBMAN v. WALLER

118 Misc.2d 116 (1983)

Carl Rubman et al., Petitioners, v. John W. Waller, III, Respondent.

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

February 22, 1983

Attorney(s) appearing for the Case

Kent Karlsson, P. C. (Cassandra Bilotta of counsel), for respondent. Allison, Kaufman & Greenberg, P. C. (Mark A. Siegel of counsel), for petitioner.

DAVID B. SAXE, J.

The respondent tenant has made a motion to dismiss this holdover proceeding on the ground that no termination notice or 30-day notice was served upon him. The landlord agrees that none was served but claims it was unnecessary. This holdover proceeding was brought on the ground that the owner is seeking in good faith to recover possession of the tenant's apartment for his own personal use and occupancy and for the use and occupancy of...

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