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GROSFELD REALTY CO v. LAGARES

150 Misc.2d 22 (1989)

Grosfeld Realty Co., Respondent, v. Carmen Lagares, Appellant.

Supreme Court, Appellate Term, First Department.

July 6, 1989

Attorney(s) appearing for the Case

Irving J. Panzer for appellant. Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal for respondent.

OSTRAU, P. J., PARNESS and MILLER, JJ., concur.

Per Curiam.

Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.

Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term `use' of premises for illegal purposes implies doing of something customarily or habitually upon the...

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