SEMANS FAMILY v. KENNEDY


177 Misc.2d 345 (1998)

675 N.Y.S.2d 489

Semans Family Limited Partnership, Petitioner, v. Michael J. Kennedy et al., Respondents.

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

April 23, 1998


Attorney(s) appearing for the Case

John Gorman for respondents. Walter Jennings, P. C., for petitioner.


MICHAEL D. STALLMAN, J.

Respondents move by preanswer motion to dismiss this holdover proceeding; petitioner cross-moves for leave to discontinue without prejudice. At issue is the propriety of this residential holdover eviction proceeding based on a conditional limitation triggered by nonpayment of rent.

FACTS

On or about July 1, 1996, respondents entered into a lease with petitioner for...

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