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SOMMER v. ANN TURKEL, INC.

137 Misc.2d 7 (1987)

Viola Sommer, Doing Business as Ete Co., Appellant, v. Ann Turkel, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

October 23, 1987

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Gary M. Rosenberg, Warren A. Estis, Ronald Sternberg, Susan R. Lipp and Jeffrey A. Shapiro of counsel), for appellant. Feinberg & Herman (Peter S. Herman and Ronda L. Weissman of counsel), for Ann Turkel, Inc., respondent. Shea & Gould (David Alter and Barry N. Saltzman of counsel), for Screen Actors Guild, Inc., amicus curiae.

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

Per Curiam.

Final judgment entered February 6, 1986 reversed, with $30 costs, and final judgment of possession granted in favor of landlord.

The issue before the court is one of primary residence. Respondent Ann Turkel's last lease expired September 30, 1982, and summary eviction proceedings were commenced in October 1983. The rent-stabilized apartment in question is clearly in the luxury class; it is located on the...

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