GONZALEZ v. PETERSON


177 Misc.2d 940 (1998)

678 N.Y.S.2d 855

Thora D. Gonzalez, Respondent, v. Richard Peterson et al., Appellants.

Supreme Court, Appellate Term, First Department.

June 16, 1998


Attorney(s) appearing for the Case

Andrew Molbert, New York City, for appellants. Dodge & Associates, P. C., New York City (William E. Dodge of counsel), for respondent.

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


Per Curiam.

Order and final judgment dated July 7, 1997 reversed, with $30 costs, and final judgment granted in favor of tenants dismissing the holdover petition.

In accordance with a prior stipulation of settlement, tenants entered into the subject apartment premises in August 1993 under a written lease which, by its terms, was "deemed automatically renewed for subsequent two-year terms." The lease did not contain...

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