ROSE ASSOCS. v. JOHNSON


247 A.D.2d 222 (1998)

668 N.Y.S.2d 592

Rose Associates, Respondent, v. Beverly Johnson et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 5, 1998


Interim use and occupancy was properly awarded in an amount higher than the rent stated in the tenant's lease, and without consideration of the merits of the landlord's claim that the tenant was a holdover by reason of nonprimary residence, because, by order of the Division of Housing and Community Renewal, the apartment had become deregulated upon expiration of the lease. Pending the immediately scheduled hearing before the Special Referee, at which the tenant failed to...

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