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SHARP v. MELENDEZ

139 A.D.2d 262 (1988)

Peter J. Sharp et al., as Trustees Under an Instrument Dated May 15, 1979, for the Benefit of Randall A. Sharp, Respondents, v. Eliseo Melendez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

August 11, 1988

Attorney(s) appearing for the Case

Howard A. Wenig of counsel (Gary M. Rosenberg and Susan R. Lipp with him on the brief; Rosenberg & Estis, P. C., attorneys), for respondents.

Errol A. Brett and Robin A. Bernstein of counsel (Schwarzfeld, Ganfer & Shore, attorneys), for appellant.

KUPFERMAN, J. P., ROSENBERGER, ELLERIN and SMITH, JJ., concur.

KASSAL, J.

The issue before us is whether two noncontiguous apartments leased by defendant tenant comprise a single residential unit and, as such, constitute a primary residence subject to the protection of the rent regulatory statutes.

On or about October 19, 1973, defendant tenant, Eliseo Melendez, Jr. (tenant), entered into a two-year lease with plaintiffs' predecessor in interest, 15 West 72nd Street...

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