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CHARLOTTE REALTY v. LUBARSKY

133 Misc.2d 785 (1986)

Charlotte Realty Co., Appellant, v. Martin Lubarsky, Respondent.

Supreme Court, Appellate Term, Second Department.

September 11, 1986

Attorney(s) appearing for the Case

Leon A. Katz and Edward Minton for appellant. Keilson & Keilson (Joseph Keilson of counsel), for respondent.

KASSOFF, J. P., and WILLIAMS, J., concur; PIZZUTO, J., dissents in a separate memorandum.

MEMORANDUM.

Final judgment affirmed, without costs.

We agree with landlord's contention that a tenant who remains in possession by virtue of the compulsion of the rent laws is a statutory tenant rather than a month-to-month tenant and the notice required by Real Property Law § 232-a would not be required to terminate such a tenancy (Whitmarsh v Farnell, 298 N.Y. 336; Park Summit Realty Corp. v Frank...

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