HICKEY v. BOMARK FABRICS


120 Misc.2d 597 (1983)

Roderick L. Hickey, Appellant, v. Bomark Fabrics, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 12, 1983


Attorney(s) appearing for the Case

Stults & Marshall (John Van Der Tuin of counsel), for appellant. Louis F. Burke & Associates (Jeffrey N. Levy of counsel), for respondents.

DUDLEY, P. J., SULLIVAN and SANDIFER, JJ., concur.


Per Curiam.

Final judgment entered September 30, 1982, affirmed, with $25 costs.

The holdover petition was properly dismissed because the premises of respondent Holli Schwartz are subject to rent stabilization by virtue of the Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4 [ETPA]). At the time respondent entered into possession in 1976, the building contained four class A and seven class B units; respondent occupied one of the class...

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