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WILSON v. 30 BROAD ST. ASSOCS

178 Misc.2d 257 (1998)

679 N.Y.S.2d 521

John E. Wilson, Petitioner, v. 30 Broad Street Associates, L.P., et al., Respondents.

Civil Court of the City of New York, New York County.

September 14, 1998

Attorney(s) appearing for the Case

Kossoff Alper & Unger, New York City (Edward Alper of counsel), for petitioner. Klein & Solomon, L. L. P., New York City (Jay Solomon of counsel), for respondents.

NORMAN C. RYP, J.

A. ISSUE

Whether a landlord, after commencing a nonpayment summary proceeding, but before issuance and execution of the warrant of eviction, learns of the existence and identity of a suboccupant tenant by acceptance of rent for five months and does not amend the petition or warrant before such execution, has wrongfully evicted such suboccupant tenant....

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