WESTMINISTER PROPS. v. KASS


163 Misc.2d 773 (1995)

624 N.Y.S.2d 738

Westminister Properties, Ltd., Respondent-Appellant, v. Douglas A. Kass et al., Appellants-Respondents.

Supreme Court, Appellate Term, First Department.

February 1, 1995


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Jeffrey R. Metz of counsel), for respondent-appellant. Stamell, Tabacco & Schager, New York City (Jared B. Stamell of counsel), for appellants-respondents.

MILLER and McCOOE, JJ., concur; PARNESS, J. P., dissents in a separate memorandum.


Per Curiam.

Order dated April 2, 1993 reversed, with $10 costs and tenants' cross motion for summary judgment dismissing the petition as time barred is granted.

Appeal from the order dated May 20, 1993 dismissed, without costs.

Landlord commenced this summary holdover proceeding in or about December 1992, on the ground that tenants had breached the "no alteration" provision of the parties' rent-stabilized...

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