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FIRST FED. SAV. v. SOUTO

162 Misc.2d 224 (1994)

616 N.Y.S.2d 562

First Federal Savings and Loan, Petitioner, v. John R. Souto et al., Respondents.

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

March 9, 1994

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P. C., Garden City (Jules I. Palmer of counsel), for petitioner. Doyle, Doherty & Fleishell, Bronx (Thomas S. Fleishell of counsel), for John R. Souto, respondent.

KIBBIE F. PAYNE, J.

This is a summary holdover proceeding in which petitioner moves for an order requiring respondents to pay use and occupancy during the pendency of these proceedings. Respondent Souto opposes this motion and cross-moves to dismiss the petition on the grounds that the 10-day notice to quit is defective.

The court will first address the cross motion which is predicated upon a 10-day...

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