MADISON CO. v. DERDERIAN


130 Misc.2d 200 (1985)

Madison Company, Appellant, v. Babby Derderian, Respondent.

Supreme Court, Appellate Term, First Department.

October 1, 1985


Attorney(s) appearing for the Case

Abrams Lerner Kisseloff Kissin & Lapidus, P. C. (Jason S. Garber and Jack Newton Lerner of counsel), for appellant. Fitzgerald, Fitzgerald & Doyle, P. C. (Christopher J. Lennon of counsel), for respondent.

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


Per Curiam.

Order entered February 28, 1985 modified to the extent that on renewal and/or reargument, the motion to dismiss the petition is denied and the petition is reinstated; as modified, order affirmed, with $10 costs to the appellant.

In this holdover proceeding, petitioner seeks to evict the rent-controlled tenant on the ground that the subject premises are not occupied as tenant's primary residence (Omnibus Housing Act [L 1983, ch 403] § 42, amending...

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