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BURNS v. 500 E. 83RD ST. CORP.

59 N.Y.2d 784 (1983)

Steven C. Burns, Respondent, v. 500 East 83rd Street Corp. et al., Defendants, and Sydelle Burns, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1983.

Attorney(s) appearing for the Case

Jack B. Levitt for appellant.

Jack S. Dweck and Harvey I. Sladkus for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

At issue is who, between a husband, who alone signed the lease and pays the rent but does not reside in the apartment, and a wife, who is not a signatory of the lease and resides in the apartment pursuant to the provision of the lease permitting occupancy "only by Tenant and the members of the immediate family of Tenant," is entitled...

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