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CHRIS-MAC CO. v. JOHNPOLL

134 Misc.2d 597 (1987)

Chris-Mac Co., Appellant, v. Harvey Johnpoll et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 15, 1987

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Steven L. Schultz of counsel), for appellant. Stolar, Alterman & Boop, P. C. (Marcia Levy of counsel), for Harvey Johnpoll, respondent.

PARNESS, J. P., and OSTRAU, J., concur; SANDIFER, J., dissents in a separate memorandum.

Per Curiam.

Order entered August 16, 1985 reversed, with $10 costs, and tenant's motion to dismiss the petition is denied.

The tenant herein is presently incarcerated, and the landlord seeks to evict him on the ground that there has been a subletting and/or assignment to another without consent. Civil Court granted tenant's preanswer dismissal motion, concluding that the person currently in possession of the apartment...

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