AVON BARD CO. v. AQUARIAN FOUNDATION


260 A.D.2d 207 (1999)

688 N.Y.S.2d 514

AVON BARD CO., Appellant, v. AQUARIAN FOUNDATION, Respondent.

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

Decided April 13, 1999.


Plaintiff landlord seeks to recover possession of the subject premises, two adjacent residential apartments subject to rent stabilization. Civil Court (Howard Malatzky, J.) found various defects in the non-renewal notice, which it denominated "fatal infirmities", and dismissed the petitions. Appellate Term affirmed the ruling, but on different grounds, finding that "it is manifest that the apartment [sic] at issue in this proceeding was rented for the benefit of an...

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