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REALTY v. MALATINSKY

176 Misc.2d 596 (1998)

675 N.Y.S.2d 25

1286 First Realty Associates, L.P., Appellant, v. Joseph Malatinsky et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 29, 1998.

Attorney(s) appearing for the Case

Mitofsky & Shapiro, New York City (William J. Neville of counsel), for appellant.

PARNESS, P. J., FREEDMAN and DAVIS, JJ., concur.

Per Curiam.

Order and final judgment entered April 8, 1997 reversed, with $30 costs, and final judgment of possession granted in favor of landlord on the holdover petition.

In this holdover proceeding based upon nonprimary residence, the parties submitted the matter for determination upon an agreed statement of facts. Those facts demonstrate that the controlled tenant has not resided in the subject apartment at...

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