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FEIERSTEIN v. MOSER

124 Misc.2d 369 (1984)

Alan Feierstein, Plaintiff, v. Elias Moser, Defendant.

Supreme Court, Special Term, New York County.

May 2, 1984

Attorney(s) appearing for the Case

Stolar, Alterman & Guliemetti, P. C. (Daniel A. Alterman and Jennifer A. Garvey of counsel), for defendant. Stuart A. Hammerman, P. C. (Steven J. Cohen of counsel), for plaintiff.

MARTIN EVANS, J.

Defendant, a loft tenant, here renews his application for attorneys' fees after successfully defending an ejectment action. At issue is the applicability of section 234 of the Real Property Law to an interim multiple dwelling occupant as defined by the "Loft Law" (Multiple Dwelling Law, § 280 et seq.).

On November 1, 1979, defendant Moser took occupancy of the third floor...

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