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BERWICK LAND CORP. v. MUCELLI

170 Misc.2d 784 (1996)

656 N.Y.S.2d 88

Berwick Land Corporation, Appellant, v. Louis Mucelli, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 6, 1996

Attorney(s) appearing for the Case

Steven Raison, New York City, for appellant. Victor E. Didia, New York City, for respondent.

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

Per Curiam.

Order and judgment dated May 29, 1995 reversed, with $30 costs, and final judgment of possession granted in favor of landlord on the holdover petition.

The largely undisputed trial evidence establishes that respondent became the tenant of record of the rent-stabilized premises on East 66th Street in 1971, and permanently vacated in 1974. He failed to advise landlord that he was no longer residing at...

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