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KOPPELMAN v. O'KEEFFE

140 Misc.2d 828 (1988)

Joseph B. Koppelman, Appellant, v. Lawrence D. O'Keeffe et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 23, 1988

Attorney(s) appearing for the Case

Sidney Hammer for appellant. James Briscoe West for Lawrence D. O'Keeffe, respondent.

SANDIFER, J. P., and MILLER, J., concur; OSTRAU, J., concurs in a separate memorandum opinion.

Per Curiam.

Order entered July 8, 1987 is reversed, with $10 costs; tenant's motion for summary judgment is denied and summary judgment is awarded in favor of the landlord.

The statutory tenant of record, Expedito Cruz, had resided in the rent-controlled apartment at issue since 1966. Following the death of Expedito Cruz, landlord brought this holdover summary proceeding to recover possession of the apartment from...

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