MITCHELL GARDENS v. CATALDO


175 Misc.2d 493 (1997)

670 N.Y.S.2d 190

Mitchell Gardens No. 1 Cooperative Corp., Appellant, v. Frank Cataldo et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 18, 1997


Attorney(s) appearing for the Case

Horing Welikson & Bienstock, P. C., Forest Hills (David B. Cabrera of counsel), for appellant. Leonard Kreinces, P. C., Great Neck (Leonard Kreinces and Howard S. Rosenberg of counsel), for respondents.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.


MEMORANDUM.

Order unanimously reversed with $10 costs to petitioner and matter remanded to the court below for all further proceedings.

This holdover proceeding was commenced to recover possession of a cooperative apartment on the ground that it was being occupied in violation of the terms of the proprietary lease. A full and complete discussion of the underlying facts was set forth in the opinion of the court below...

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