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S & J REALTY CORP. v. KORYBUT

147 Misc.2d 259 (1990)

S & J Realty Corp., Petitioner, v. Kathleen D. Korybut et al., Respondents.

Civil Court of the City of New York, New York County.

May 8, 1990

Attorney(s) appearing for the Case

Smollens & Guralnick (David E. Frazer of counsel), for respondents. David Rozenhole & Associates (Mitchell P. Heaney of counsel), for petitioner.

PETER TOM, J.

Respondent moves for an order dismissing the petition for failure to state a cause of action on the ground that a corporate owner cannot recover possession of a rent-stabilized apartment for its personal use and occupancy under Rent Stabilization Code (9 NYCRR) § 2524.4 (a) (1).

Respondent, a rent-stabilized tenant, entered into a two-year lease with petitioner for the premises in...

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