FIRST STERLING v. ZURKOWSKI


142 Misc.2d 978 (1989)

First Sterling Corp., Appellant, v. Andrew Zurkowski, Respondent.

Supreme Court, Appellate Term, First Department.

March 28, 1989


Attorney(s) appearing for the Case

Elliot M. Rudick and Betty Jane Jacobs for appellant. Lansner Himmelstein & McConnell (Samuel J. Himmelstein of counsel), for respondent.

SANDIFER, J. P., MILLER and McCOOE, JJ., concur.


Per Curiam.

Order entered November 11, 1987 affirmed, with $10 costs.

This is a holdover proceeding to evict a rent-controlled tenant upon the ground of nonprimary residence. Landlord's 30-day notice of termination recited that termination of the tenancy "results from the fact that you do not use the premises as your primary residence". Civil Court granted tenant's dismissal motion upon the ground that the termination...

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