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JOINT PROPS. v. DERI

127 Misc.2d 26 (1985)

Joint Properties Owners, Inc., Respondent, v. Peter Deri, Individually and as Executor of Susan K. Deri, Deceased, Appellant.

Supreme Court, Appellate Term, First Department.

February 1, 1985

Attorney(s) appearing for the Case

Brett, Apfelberg & Epstein (Mitchell A. Dix and Stephen P. Epstein of counsel), for appellant. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Joel A. Mitofsky of counsel), for respondent.

HUGHES, J. P., SANDIFER and PARNESS, JJ., concur.

Per Curiam.

Judgment entered June 4, 1984 reversed, with $10 costs, petitioner's motion for summary judgment denied, and appellant's cross motion for summary judgment dismissing the petition is granted.

Appellant is the executor of the estate of a deceased rent-stabilized tenant. The tenant, who died on February 16, 1983, was in possession of the subject premises under a lease which does not expire until September...

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