WARHIT REAL ESTATE v. KRAUSS


131 Misc.2d 429 (1985)

G. Warhit Real Estate, Inc., Respondent, v. Daniel Krauss et al., Appellants.

Supreme Court, Appellate Term, Second Department.

December 19, 1985


Attorney(s) appearing for the Case

Edward T. Braverman and Orie Shapiro for appellants. Mitchell H. Kossoff for respondent.

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


MEMORANDUM.

Judgment affirmed, without costs.

We are in full accord with the views expressed by the court below. Public policy considerations would preclude estopping landlord from instituting the proceeding, and, in any event, we find nothing in the record which would warrant such an estoppel. As to the findings of fact made by the court, they are supported by the evidence adduced at trial.

Moreover, we agree that the failure to notify tenant of the...

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