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KAMVAN CO. v. RAMMEL

132 Misc.2d 909 (1986)

Kamvan Co., Appellant, v. Otto Rammel et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 8, 1986

Attorney(s) appearing for the Case

Robert M. Olshever for appellant. Goldberg & Birnbaum (Thomas A. Brennan and Arthur Birnbaum of counsel), for respondents.

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

Per Curiam.

Order entered January 7, 1986 modified by denying tenants' motion for summary judgment and, as modified, order affirmed, with $10 costs to the appellant.

Summary judgment is not warranted in this nonprimary residence proceeding. Tenants assert that their overseas employment — which began in May 1983 — is of "temporary" duration and that they will resume living at the subject apartment...

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