Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
The petitioner seeks to recover possession of an apartment which had been leased by her late husband Frank Giardina. The petitioner had been estranged from her husband at the time of his death. Indeed, it is uncontroverted that the petitioner had vacated the premises over one year prior to Frank's death and that she had neither returned to the premises...
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