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HOUS. AUTH. v. PADMORE

140 Misc.2d 912 (1988)

New York City Housing Authority, Petitioner, v. Jamesetta Padmore, Respondent.

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

August 18, 1988

Attorney(s) appearing for the Case

Anna Fortgang and Manuel Quintana for petitioner. David A. Feinerman and Alan J. Goldberg for respondent.

PAUL L. KLEIN, J.

I. THE CORE QUESTION

This licensee holdover proceeding raises an issue of apparent first impression — one not mentioned by either party: The context is the taboo imposed by RPAPL 711 (1) against accepting rent in the window period between the effective termination date of a tenancy and the date the summary proceeding is commenced. Is acceptance of a full month's rent before the window period begins allowed if...

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