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FESTA v. LESHIN

132 Misc.2d 804 (1986)

Laurie K. Festa et al., Petitioners, v. Gary Leshin, Respondent.

Civil Court of the City of New York, Trial Term, New York County.

July 15, 1986

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein (Joel Mitofsky of counsel), for petitioners. Jerome E. Capellani for respondent.

PAUL L. KLEIN, J.

This case raises two questions of apparent first impression: (1) Under the UCC, does a landlord's deposit of monthly rent checks, without an "under protest" endorsement, waive objection to the maker's claimed status as a tenant, if a previous check was restrictively endorsed? (2) Does Division of Housing and Community Renewal (DHCR) Operational Bulletin No. 85-1 entitle an occupant...

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