POST v. 120 E. END AVE. CORP.


62 N.Y.2d 19 (1984)

Seymour C. Post, Respondent, v. 120 East End Avenue Corporation, Appellant.

Court of Appeals of the State of New York.

Decided May 8, 1984.


Attorney(s) appearing for the Case

Leon Brickman for appellant.

Jay R. Fialkoff for respondent.

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


SIMONS, J.

We are asked to interpret recently enacted RPAPL 753 (subd 4) (L 1982, ch 870). The section applies to holdover tenants in residential dwellings in New York City and the new subdivision 4 provides: "In the event that such proceeding [a summary proceeding to recover possession] is based upon a claim that the tenant or lessee has breached a provision of the lease, the [Civil] court shall grant a ten day...

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