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REDHEAD v. HENRY

160 Misc.2d 546 (1994)

610 N.Y.S.2d 433

Olson Redhead et al., Petitioners, v. Horace Henry, Respondent.

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

March 9, 1994

Attorney(s) appearing for the Case

Rappaport, Hertz, Cherson & Rosenthal, P. C., Forest Hills (Michael Rosenthal of counsel), for petitioners. Horace Henry, respondent pro se.

DIANA JOHNSON, J.

At the close of petitioners' prima facie case, the court on its own motion was prepared to dismiss this proceeding for failure to prove a prima facie case. Petitioners then requested an opportunity to present case law on the issue of whether proof of ownership is required to prove a prima facie case.

Pursuant to RPAPL 721 (1) a proceeding may be brought by the landlord or lessor....

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