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45TH ST. ASSOCS. v. SPENCE

180 Misc.2d 93 (1999)

689 N.Y.S.2d 355

45th Street Associates, Respondent, v. Jean Spence, Also Known as Jean S. Eubank, Appellant, et al., Respondents. (And Another Proceeding.)

Supreme Court, Appellate Term, First Department.

February 24, 1999

Attorney(s) appearing for the Case

Edwin L. Eubank, New York City, for appellant. Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Steven L. Schultz of counsel), for 45th Street Associates, respondent.

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

Per Curiam.

Orders dated March 25, 1998 and April 10, 1998 affirmed, with $10 costs.

The objective evidence in the record establishes beyond dispute that tenant was absent from and did not occupy the subject rent-stabilized apartment premises for actual living purposes during the most recent renewal term which expired May 31, 1997. Numerous documents — including leases and lease applications signed by tenant...

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