PARK HOLDING CO. v. EMICKE


168 Misc.2d 133 (1996)

646 N.Y.S.2d 434

Park Holding Company, Appellant, v. William B. Emicke, True Name William B. Eimicke, et al., Respondents, et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 12, 1996


Attorney(s) appearing for the Case

Belkin, Burden, Wenig & Goldman, L. L. P., New York City (Sherwin Belkin and Magda L. Cruz of counsel), for appellant. Bonstrom, Murphy & Gordon, New York City (Kim P. Bonstrom and Karen A. Murphy of counsel), for respondents.

PARNESS, J. P., McCOOE and FREEDMAN, JJ., concur.


PER CURIAM.

Order entered July 19, 1995 reversed with $10 costs, tenants' cross motion for summary judgment is denied, and landlord's motion for summary judgment on the holdover petition is granted. The matter is remanded to the Civil Court for a hearing to determine the amount of use and occupancy and reasonable attorney's fees due landlord.

At the inception of their rent-stabilized tenancy, tenants executed a...

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