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McDERMOTT v. PINTO

101 A.D.2d 224 (1984)

Frank McDermott, Appellant, v. Arnaldo Pinto et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1984

Attorney(s) appearing for the Case

Jason S. Garber of counsel (Abrams Lerner Kisseloff & Kissin, attorneys), for appellant.

Robert A. Roth for respondent.

ROSS and ALEXANDER, JJ., concur with MURPHY, P. J.; SILVERMAN and FEIN, JJ., concur in a separate opinion by SILVERMAN, J.

MURPHY, P. J.

This holdover proceeding was submitted to Judge Dubinsky in the Housing Part on a stipulation of agreed facts. Petitioner McDermott owns the building located at 112 West 73rd Street; he is a member of the Rent Stabilization Association. Respondent Pinto entered into possession of apartment 12A in that building in or about 1974. Pinto resided in the apartment until January of 1982. He then sublet the apartment to respondent Bispo without...

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