ACEVEDO v. LAYTON


131 Misc.2d 406 (1985)

Isidoro Acevedo, Appellant, v. Barbara Layton, Respondent.

Supreme Court, Appellate Term, Second Department.

October 7, 1985


Attorney(s) appearing for the Case

Farley, Jutkowitz, Balint & Wiederkehr (Alfred E. Donnellan of counsel), for appellant. James O. Hivnor and Ray A. Jones for respondent.

DI PAOLA, P. J., SLIFKIN and STARK, JJ., concur.


MEMORANDUM.

Appeal dismissed.

In the absence of the entry of a final judgment upon the subject order, no appeal will lie (see, UCCA 1702).

Were the matter properly before us, we would be inclined to affirm. In view of landlord's failure to offer tenant a written lease, as required by the Emergency Tenant Protection Act, tenant may not presently be evicted on the ground that landlord is in need of the apartment for use by a member of his immediate...

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