DZIURGOT v. TOWER 53 ASSOCS.


121 A.D.2d 857 (1986)

Cynthia Dziurgot, Individually and as Attorney-in-Fact for Robert Dziurgot, Respondent, v. Tower 53 Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1986.


In December 1974, pursuant to a lease, plaintiff's brother entered into possession of the subject apartment and, under successive renewal leases, the last of which ran from January 1, 1981 to December 31, 1983, remained in possession until December 1981. During the term of his occupancy, the brother used the apartment exclusively for commercial purposes, namely, to manage an investment and real estate business. The brother has not occupied the apartment since December 1981...

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