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HAR HOLDING CO. v. FEINBERG

182 Misc.2d 180 (1999)

697 N.Y.S.2d 903

HAR HOLDING CO., Respondent, v. ERIC FEINBERG, Appellant.

Supreme Court, Appellate Term, First Department.

September 22, 1999.

Attorney(s) appearing for the Case

David E. Frazer, New York City, for appellant.

Anthony F. LeCrichia, New York City, for respondent.

PARNESS, P. J., and DAVIS, J., concur; FREEDMAN, J., concurs in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment entered June 12, 1998 and order dated August 11, 1998 affirmed, with $25 costs.

We affirm the trial court's award of possession to landlord since there is sufficient evidence that appellant Eric Feinberg was a mere licensee and not a tenant of the subject premises. Feinberg originally entered into possession of the apartment in September 1983 as a roommate of two rent-stabilized tenants, whose lease...

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