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MOHR v. GOMEZ

173 Misc.2d 553 (1997)

662 N.Y.S.2d 979

Lawrence J. Mohr, Respondent, v. Andres Gomez et al., Appellants.

Supreme Court, Appellate Term, First Department.

April 22, 1997

Attorney(s) appearing for the Case

Rubenstein & Cohen, New York City (Keith G. Rubenstein of counsel), for appellants. Penn & Proefriedt, New York City (Maralyn B. Fairberg of counsel), for respondent.

OSTRAU, P. J. and PARNESS, JJ., concur; McCOOE, J., dissents in a separate memorandum.

Per Curiam.

Final judgment entered September 14, 1995 affirmed, with $25 costs.

We affirm Civil Court's grant of the holdover petition for possession of the superintendent's apartment — number 1A — at the building premises. Respondent occupied this apartment, without paying rent, incident to his employment in 1978. His occupancy rights terminated upon the termination of employment (RPAPL 713 [11];...

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