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SOMMER v. ANN TURKEL, INC.

139 Misc.2d 892 (1988)

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

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

May 31, 1988

Attorney(s) appearing for the Case

Peter S. Herman for respondent. Rosenberg & Estis, P. C. (Warren A. Estis of counsel), for petitioner.

NORMAN C. RYP, J.

Rent Stabilization Law (Administrative Code of City of New York § 26-501 et seq. [RSL]) maximum rent cap or fair market rental capitalization under RPAPL 749 (3)?

The defining issue of first impression is whether RPAPL 749 (3) retroactive (63 months) use and occupation between lease termination and issuance of a warrant of eviction for tenants' nonprimary residence determined...

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