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DeBENEDICTIS & SONS v. LINDON

143 Misc.2d 146 (1989)

J. DeBenedictis & Sons Bldg. Corp., Petitioner, v. M. Lindon, by Her Guardian ad Litem, Thomas Lindon, Respondent.

City Court of Mount Vernon, Westchester County.

March 20, 1989

Attorney(s) appearing for the Case

Gilberg & Gilberg (Michael Gilberg of counsel), for petitioner. Gerald A. Norland and Judith B. Studebaker for respondent.

BARBARA GUNTHER ZAMBELLI, J.

The question presented in this holdover proceeding is whether the tenant who is suffering from Alzheimer's disease should be relieved from her default in timely renewing her Emergency Tenant Protection Act lease. The answer is clearly yes.

Initially the court finds that respondent is not in default in answering the petition. The court did not direct respondent to file an...

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