SCHREIER v. ALBRECHT


126 Misc.2d 336 (1984)

Allen J. Schreier, Petitioner, v. William Albrecht, Respondent.

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

November 23, 1984


Attorney(s) appearing for the Case

Gandin, Schotsky & Rappaport, P. C. (Robert Katz of counsel), for respondent. Horing & Welikson, P. C. (Niles C. Welikson of counsel), for petitioner.


ROBERT L. NAHMAN, J.

The landlord has commenced a holdover proceeding seeking possession of the tenant's rent-stabilized apartment for his own use and occupancy as his primary residence. Tenant has brought the instant motion to dismiss the petition based upon the fact that he is a senior citizen and therefore the landlord cannot recover the apartment unless he offers an equivalent apartment at the same or lower rate.

Section YY51-6.0 (subd c,...

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