MACOMBS RD. CORP. v. AUSTIN


149 Misc.2d 473 (1990)

1515 Macombs Rd. Corp., Petitioner, v. Irene Austin, Respondent.

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

December 14, 1990


Attorney(s) appearing for the Case

Gold & Rosenblatt for petitioner.


CARL O. CALLENDER, J.

The essential question in this case relates to the fundamental fairness extant in a holdover proceeding against a deceased tenant and the occupants of the apartment when the estate of the decedent has not been served or named as a party. In the present case the deceased tenant died in July 1990, and the petitioner sought the premises the following month. No mention was made in any of the papers about the fact that the tenant (Irene...

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