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KACE REALTY CO. v. LEVY

130 Misc.2d 858 (1986)

Kace Realty Co., Appellant, v. Peter Levy, Respondent.

Supreme Court, Appellate Term, First Department.

March 13, 1986

Attorney(s) appearing for the Case

Argiriou & Finkel (Arthur Argiriou of counsel), for appellant. Walter S. Jennings & Associates, P. C. (Walter S. Jennings and Robert Grimble of counsel), for respondent.

HUGHES, P. J., SANDIFER and OSTRAU, JJ., concur.

Per Curiam.

Order dated April 30, 1985 unanimously affirmed, without costs, without prejudice to petitioner's right, if so advised, to commence a new action or proceeding after service of a 30-day notice to the tenant of petitioner's intent to commence such an action or proceeding to recover possession on the ground that the premises are not occupied by the tenant as his primary residence (Administrative Code of City of...

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