BAGINSKI v. LYSIAK


154 Misc.2d 275 (1992)

Jan Baginski et al., Appellants, v. Beata Lysiak, Respondent.

Supreme Court, Appellate Term, Second Department.

November 19, 1992


Attorney(s) appearing for the Case

Ira Greene, Brooklyn, for appellants. Brooklyn Legal Services Corp. A, Brooklyn (Martin S. Needelman and David Pieragostini of counsel), for respondent.

KASSOFF, P. J., MONTELEONE and SCHOLNICK, JJ., concur.


MEMORANDUM.

Order unanimously reversed without costs, motion denied, and matter remanded to the court below for further proceedings.

In this holdover proceeding to recover possession of an apartment for landlords' own use and occupancy, tenant moved to dismiss on two grounds. First, tenant asserted that landlords had vitiated the notice of intention not to renew the lease by accepting rent for several months after...

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