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245 REALTY ASSOCS. v. SUSSIS

170 Misc.2d 901 (1996)

655 N.Y.S.2d 781

245 Realty Associates, Respondent, v. Abe Sussis, as Court-Appointed Administrator of The Estate of Arthur Sussis, Deceased, et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 27, 1996

Attorney(s) appearing for the Case

John D. Gorman, New York City, for appellants. Kaufman Friedman Plotnicki & Grun, New York City (Howard Grun of counsel), for respondent.

OSTRAU, P. J., McCOOE and DAVIS, JJ., concur.

Per Curiam.

Order dated November 21, 1995 affirmed, with $10 costs.

Landlord's holdover petition was dismissed after trial upon Civil Court's finding that respondent Donald M. Sussis was entitled to succeed to the rent-stabilized tenancy of his deceased brother (Rent Stabilization Code [9 NYCRR] § 2523.5 [b] [1]). The lease to the decedent, as renewed, contained an enforceable attorneys' fees provision. In...

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