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SOYBEL v. GRUBER

136 Misc.2d 430 (1987)

Arthur Soybel, Petitioner, v. Johanna Gruber et al., Respondents.

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

August 5, 1987

Attorney(s) appearing for the Case

Abrams, Lerner, Kisseloff, Kissin & Lapidus, P. C. (Jason S. Garber of counsel), for petitioner. Michelle Gwynn Jones for Johanna Gruber, respondent. Lynn R. Terrelonge for Vickie Obermeyer, respondent.

PETER TOM, J.

The troubling issue in this case is whether a landlord can recover possession of a rent-controlled apartment from a tenant presently a resident of a geriatric center, based on the ground that she can no longer maintain the apartment as her primary residence.

Respondent Gruber is an 84-year-old rent-controlled tenant of the subject premises since the 1940's. She was diagnosed to be suffering...

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